Comprehensive Revision Notes on the Revised Penal Code Book Two

  • Duration of Penalties

  • Death

  • Reclusion Perpetua: 20 years and 1 day to 40 years

  • Reclusion Temporal: 12 years and 1 day to 20 years

  • Prision Mayor: 6 years and 1 day to 12 years

  • Prision Correccional: 6 months and 1 day to 6 years

  • Arresto Mayor: 1 month and 1 day to 6 months

  • Arresto Menor: 1 day to 30 days

  • Title One – Crimes Against National Security and the Law of Nations

  • Article 114: Treason

    • Definition: Any Filipino citizen who levies war against the Philippines or assists its enemies.
    • Punishment: reclusion perpetua to death, fine up to P4,000,000.
    • No conviction without:
    1. Testimony of at least two witnesses for the same overt act or
    2. Confession in open court.
    • Applicability:
    • Filipino citizens can commit treason anywhere.
    • Aliens must be within the Philippines.

  • Elements of Treason

    1. Offender is a Filipino citizen or alien residing in the Philippines.
    2. Active war involving the Philippines.
    3. Offender levies war or aids enemies.

  • Allegiance

    • Obligation of loyalty and obedience to the government.
    • Types:
    • Permanent allegiance (citizens)
    • Temporary allegiance (resident aliens)

  • Levying War

    • Requires actual assembly of persons intending to overthrow the government.
    • Mere enlistment without assembly does not constitute treason.

  • Commencement of War

    • No formal declaration needed; hostilities can be enough to start conflict.

  • Collaboration with Foreign Enemy

    • If acts are merely civil uprisings without foreign aid, the crime is rebellion, not treason.

  • Elements of Aid or Comfort

    • Adherence: Intellectually supports the enemy.
    • Giving aid or comfort: Performing acts to strengthen the enemy.
    • Specific Acts of Treason include informing on guerrillas or partaking in violence against allies.

  • Crucial Points:

    • Both adherence and aid must be present to convict for treason.
    • Extent of Aid/Comfort: Must be physically actionable.
    • No Treason through Negligence: Intentional acts are necessary for treason.

  • Article 115: Conspiracy to Commit Treason

  • Penalty: Prision mayor or prision correccional and fines.

  • No Two-Witness Rule applies.

  • Article 116: Misprision of Treason

  • Elements:

    1. Offender owes allegiance to the Philippines
    2. Knowledge of a conspiracy and does not disclose.

  • Article 117: Espionage

  • Unauthorized entry into military establishments for information.

  • Penalty: Prision correccional; higher for public officers.

  • Title Two - Crimes Against Fundamental Laws of the State

  • Crimes include arbitrary detention, delay in delivery to judicial authorities, exploitation, and illegal searches (e.g., Article 124 - Arbitrary detention).

  • Arbitrary Detention (Article 124):

  • Public officers detaining individuals without legal grounds.

  • Examples of Legal Grounds:

  • Commission of a crime; mental illness.

  • Article 125: Delay in Delivery

  • Public officers failing to deliver detainee to authorities within stipulated hours.

  • Article 130: Search Without Witnesses

  • Penalties for public officers who search a domicile without witnesses present.

  • Article 134: Rebellion

  • Elements: Public uprising, armed conflict against the government.

  • Article 138: Inciting Rebellion

  • Public incitement to rebel without taking up arms.

  • Article 139: Sedition

  • Tumultuous uprising to thwart public law enforcement or cause harm to government officials.

  • Articles on Direct and Indirect Assaults and Resistance

  • Variations in penalties based on action and context affecting authority.

  • Penalties for Crimes Against Public Order

  • These include imprisonment, fines, and disqualification.

  • Penalties for Crimes Relating to Dangerous Drugs (RA 9165)

  • Detailed regulations surrounding manufacturing, use, and penalties for involvement in drug trafficking.

  • Conclusion: It is crucial to understand not just penalties, but also definitions, elements, and distinctions that govern crimes in the Revised Penal Code, especially those relevant in understanding public morality, security, and public order.