Title I to Title VI
Criminal Law Book II Overview
Subject Area: Criminal Law and Jurisprudence (CLJ)
Title I: Crimes against National Security and the Laws of Nations
Crimes against National Security:
Treason (Art. 114)
Conspiracy and Proposal to Commit Treason (Art. 115)
Misprision of Treason (Art. 116)
Espionage (Art. 117)
Crimes against the Laws of Nations:
Inciting to War or Giving Motives for Reprisals (Art. 118)
Violation of Neutrality (Art. 119)
Correspondence with Hostile Country (Art. 120)
Flight to Enemy's Country (Art. 121)
Piracy in General and Mutiny on the High Seas or in Philippine Waters (Art. 122)
Prosecution of Crimes
Crimes against national security can be prosecuted only in the Philippines.
Crimes against the laws of nations can be prosecuted anywhere the offender is found.
Treason (Art. 114)
Offender Requirements:
Must be a Filipino citizen or resident alien.
Must occur in context of a war in which the Philippines is involved.
Actions Constituting Treason:
Levying War against the Government
Assembling men to execute a treasonable design by force.
Intent to deliver the country to the enemy.
Adhering to Enemies:
Providing aid or comfort to enemies.
Key Notes:
Allegiance is an obligation of fidelity to the government.
Treason is a continuous offense and cannot be committed during peacetime.
Treason serves as a measure of state self-preservation.
Definitions Related to Treason
Levying War:
Actual assembly of men.
Intent to execute designs against the state.
Collaborating with foreign entities.
Aid or Comfort: Any act that strengthens the enemy's capacity in a conflict.
Adherence to the Enemy: Favoring enemy causes intellectually or emotionally.
Proving Treason
Required Evidence:
Testimony from at least two witnesses on the same overt act.
Confession of the accused in open court.
Conspiracy to Commit Treason (Art. 115)
Requirements:
Involvement in a war where the Philippines is a party.
Agreement between at least two persons to levy war or provide aid to enemies.
Proposal to Commit Treason (Art. 115)
Requirements:
Agreement to levy war or provide enemy assistance with a proposal to others.
Misprision of Treason (Art. 116)
Essential Elements:
The offender must owe allegiance to the government.
Knowledge of conspiracy to commit treason without reporting it to authorities.
Espionage (Art. 117)
Key Elements:
Unauthorized entry into military installations to obtain confidential information.
Public officers disclosing classified information to foreign representatives.
Inciting to War or Giving Motives for Reprisals (Art. 118)
Nature of Offense: Performs unlawful acts provoking war or exposing citizens to reprisals.
Penalty: Increased for public officers.
Other Related Crimes
Violation of Neutrality (Art. 119): Act violates neutrality regulations during conflicts not involving the Philippines.
Correspondence with Hostile Country (Art. 120): Engaging in correspondence with enemy nations under prohibited circumstances.
Flight to Enemy’s Country (Art. 121): Attempting to flee to enemy territory while owing allegiance to the Philippine government.
Piracy and Mutiny (Art. 122)
Piracy Definition:
Offenders attack/seize vessels on high seas or Philippine waters without being crew or passengers.
Mutiny Definition:
Onboard crew or passengers attacking/seizing a vessel.
Qualified Piracy Circumstances
Circumstances raising the offense to qualified piracy include:
Violence or threat used during the seizure.
Abandoning victims without means of survival.
Accompanying crimes such as murder or rape.
Republic Act No. 6235 (Anti-Hijacking Law)
Situations Governed:
Usurping control of Philippine aircraft mid-flight.
Seizing control of foreign aircraft within Philippine Territory.
Illegal carrying/loading of dangerous substances onto public passenger aircraft.
Violating transportation regulations for food or hazardous materials on cargo aircraft.
Title II: Crimes against Fundamental Laws of the State
Crimes Include:
Arbitrary Detention (Art. 124)
Delay in Delivery of Detained Persons (Art. 125)
Delaying Release (Art. 126)
Expulsion (Art. 127)
Violation of Domicile (Art. 128)
Maliciously Obtained Search Warrants (Art. 129)
Searching Without Witnesses (Art. 130)
Interruption of Religious Worship (Art. 132)
Prohibition of Peaceful Meetings (Art. 131)
Offending Religious Feelings (Art. 133)
Arbitrary Detention (Art. 124)
Key Elements:
Offender is a public officer.
Detaining person without legal grounds.
Legal Considerations:
Detention can be through negligence.
Delay in Delivery of Detained Persons (Art. 125)
Requirements:
Public officer detaining individuals without a warrant.
Failing to deliver detainee within prescribed time limits: 12 hrs (light cases), 18 hrs (less grave), 36 hrs (grave).
Delaying Release (Art. 126)
Actions Constituting the Crime:
Public officer delays release without good reason post-order.
Expulsion (Art. 127)
Conditions:
An action conducted by a public officer expelling individuals from the Philippines or illegally forcing relocation.
Violation of Domicile (Art. 128)
Key Elements:
Unlawful entry by a public officer without a proper judicial order.
Acts that violate the sanctity of home.
Maliciously Obtained Search Warrants (Art. 129)
Key Elements:
Public officer procures a search warrant without just cause.
Abuse of Search Warrant Service (Art. 130)
Requirements:
Excessive authority used during lawful search.
Searching Without Witnesses (Art. 131)
Legal Guidelines:
Search must include witnesses; failure leads to violation.
Interruption of Religious Worship (Art. 132)
Actions Constituting:
Preventing or disturbing religious ceremonies unlawfully.
Prohibition, Interruption, and Dissolution of Peaceful Meetings (Art. 131)
Offender's Role:
Public officer unlawfully interrupting lawful assembly.
Offending Religious Feelings (Art. 133)
Nature of Acts:
Deliberately insulting or ridiculing religious beliefs or practices.
Title III: Crimes against Public Order
Includes:
Rebellion or Insurrection (Art. 134)
Coup d'État (Art. 135)
Disloyalty of Public Officers (Art. 137)
Various forms of Illegal Assemblies and Associations (Arts. 146-150)
Rebellion or Insurrection (Art. 134)
Definition:
Uprising against government aims to remove allegiance or power.
Coup d'État (Art. 135)
Key Elements:
Military or police involvement to destabilize the government via violence/intimidation.
Disloyalty of Public Officers (Art. 137)
Nature:
Failing to act against rebellion or accepting appointment under rebels.
Illegal Assemblies (Arts. 146-147)
Nature:
Gatherings intended to incite rebellion or illegal actions.
Direct and Indirect Assaults (Arts. 148-149)
Definition:
Direct assaults involve force against persons in authority; indirect involves aiding such persons.
Disobedience to Summons (Art. 150)
Actions:
Refusal to comply with legislative or government orders.
Public Disorder Crimes (Arts. 153-160)
Includes:
Tumults and disturbances against public tranquility.
Laws penalizing unlawful publications or false news.
Evasion from Penalty and Service (Arts. 157-160)
Key Elements:
Evasion of sentence due to unlawful actions during imprisonment or after conditional pardon violations.
Risk of greater penalties for escaping from custody or violating conditions.
Commission of Another Crime (Art. 160)
Nuances:
Quasi-recidivism highlighted; new felonies before serving previous sentences impose maximum penalties.
Conclusion
Study Tips:
Review each article thoroughly, especially definitions and specific requirements for crimes.
Familiarize yourself with the legal implications and penalties associated with various crimes to understand broader criminal law contexts.