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no traitors until war has started

Criminal Law 2
* “Levies war” – requires the concurrence of 2 things: (1) there’s an actual
assembling of men, (2) for the purpose of executing a treasonable design by force
I. Crimes Against National Security and the Law of * Actual enlistment doesn’t amount to levying war because there is no
actual assembly. But if a body of men be actually assembled for effecting by force
Nations a treasonable design, all those who perform any part or leagued in the general
conspiracy are to be considered traitors
1. Crimes Against National Security * In treason by levying war, it isn’t necessary that there is a formal
declaration of the existence of a state of war
* The war must be with intent to overthrow the government, it doesn’t
1.1. Treason and Espionage matter whether they possess the power to do it or not
* Levying of war is different from rebellion in that the former requires
Article 114. Treason. - Any person who, owing allegiance to (the United States or) collaboration with a foreign enemy
the Government of the Philippine Islands, not being a foreigner, levies war against
them or adheres to their enemies, giving them aid or comfort within the Philippine * “Adherence to the enemy” – intent to betray. There is such when a citizen
Islands or elsewhere, shall be punished by reclusion temporal to death and shall intellectually and emotionally favors the enemy and harbors sympathies disloyal to
pay a fine not to exceed P20,000 pesos. his country’s policy or interest
No person shall be convicted of treason unless on the testimony of two * This alone doesn’t constitute treason
witnesses at least to the same overt act or on confession of the accused in open
court. * “Aid or comfort” – an act that strengthens (or tends to) the enemy in the conduct
Likewise, an alien, residing in the Philippine Islands, who commits acts of of war against the traitor’s country and an act that weakens (or tends to) the
treason as defined in paragraph 1 of this Article shall be punished by prision mayor power of the traitor’s country to resist or to attack the enemy
to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. * Without intent to betray, this doesn’t constitute treason
No. 44, May 31, 1945). * Must be a deed or physical activity, not merely mental operation
* Doesn’t need to actually strengthen the enemy. Degree of success is
* Treason is a breach of allegiance to a government, committed by a person who immaterial, the aim for which determines the commission of treason
owes allegiance to it
* Allegiance – obligation of fidelity and obedience which the individual * Ways of proving treason:
owes to the gov’t under which they live or to their sovereign, in return for the 1. Testimony of 2 witnesses, at least, to the same overt act; or
protection they receive 2. Confession of the accused in open court
* May be permanent (an alien owes to his own country) or
temporary (alien owes to the country where he resides) * The testimony must be of the same “overt act” (physical activity, that deed that
* There is no treason through negligence, such must be intentional constitutes the rendering of aid or comfort), same date, same act, same place,
* When common crimes are charged as overt acts of treason, they same moment, but it isn’t required that their testimonies be identical
cannot be regarded as separate crimes or as complexed with treason * If the act is separable, there must be 2 witnesses to each part of the
* Treason is a continuous offense, all overt acts constitute but a single overt act. It is sufficient that the witnesses’ testimony are uniform, not necessarily in
offense. Proof of one count is sufficient for conviction corroboration of the other. It is not necessary for witnesses to prove adherence
* This requirement is restrictive so as to avoid the miscarriage of justice for
* Elements of treason: such an extremely serious crime
1. Offender is a Filipino citizen or an alien residing in the PH
2. There is war which the PH is involved * Adherence may be proved:
3. That the offender – 1. By one witness
a. Levies war against the Gov’t 2. From the nature of the act itself
b. Adheres to the enemies, giving them aid/comfort 3. From the circumstances surrounding the act
* Confession must be made in open court, before the judge while actually hearing
* His being a Filipino citizen is proved by: (1) his prison record which sets out his the case
personal circumstances, filled out with date supplied by himself; (2) testimony of
witnesses who know him to have been born in the PH to Filipino parents * Aggravating circumstances of treason:
1. Cruelty and ignominy
* Treason cannot be committed in time of peace. It is a war crime, and there are
2. Rapes, wanton robbery for personal gain, and brutality 2. That he has knowledge of any conspiracy (to commit treason) against
the Gov’t
* In treason, the amount/degree of aid or comfort given and as well as the gravity 3. Hat he conceals/doesn’t disclose and make known the same ASAP to
of the separate and distinct acts committed determine the period of the penalty the governor or fiscal of the province or the mayor or fiscal of the city in
to be imposed, as opposed to the circumstances aggravating or mitigating the which he resides
offense
* This article doesn’t apply when the crimes is already committed and the accused
* Defenses against treason may be employed doesn’t report its commission because the provision only speaks of “knowledge of
conspiracy against”
* Defense of suspended allegiance and change of sovereignty is not accepted * Art. 116 is an exception to the rule that mere silence does not make a
because: person criminally liable.
1. Citizen owes an absolute and permanent allegiance to his gov’t
2. Sovereignty of Gov’t isn’t transferred to the enemy by mere occupation * The accused shall be punished two degrees lower as merely an accessory to the
3. Subsistence of the sovereignty of the legitimate Gov’t even if occupied crime of treason. But he is also a principal in the separate and distinct offense of
by foreign military forces is one of the rules of International Law misprision of treason
4. What is only suspended is the exercise of the rights of sovereignty
Article 117. Espionage. - The penalty of prision correccional shall be inflicted upon
* Defense of loss of citizenship by joining the army of the enemy is not valid any person who:
because the accused cannot divest himself of PH citizenship by the simple 1. Without authority therefor, enters a warship, fort, or naval or military
expedient of accepting commission in the armed forces of the enemy country. establishment or reservation to obtain any information, plans,
The shield he’s trying to use is the actual crime photographs, or other data of a confidential nature relative to the
defense of the Philippine Archipelago; or
* Defense of obedience to de facto Gov’t, and defense of duress or 2. Being in possession, by reason of the public office he holds, of the articles,
uncontrollable fear (that he will be killed if he doesn’t join the enemy), can be data, or information referred to in the preceding paragraph, discloses
valid their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a public
Article 115. Conspiracy and proposal to commit treason; Penalty. – The conspiracy officer or employee.
or proposal to commit the crime of treason shall be punished respectively, by
prision mayor and a fine not exceeding P10,000 pesos, and prision correccional * Espionage – the offense of gathering, transmitting, or losing information
and a fine not exceeding P5,000 pesos. respecting the national defense with intent/reason to believe that the information
is to be used to the injury of the PH or to the advantage of any foreign nation
* Conspiracy is committed when in time of war, 2 or more persons come to an
agreement to levy war against the Gov’t or to adhere to the enemies and give
* Ways of committing espionage:
them air or comfort, and decide to commit it
1. By entering, without authority therefor, a warship, fort, or naval or military
establishment or reservation to obtain any information plans,
* Proposal is committed when in time of war a person who has decide to levy war
photographs or other date of a confidential nature relative to the
against the Gov’t or to adhere to the enemies and give them aid or comfort,
defense of the PH
proposes its execution to other people
* Elements:
* 2-witness rule doesn’t apply
a. That the offender enters any of the places mentioned
b. That he has no authority therefor
Article 116. Misprision of treason. - Every person owing allegiance to (the United
c. That his purpose is to obtain the things mentioned or any other
States) the Government of the Philippine Islands, without being a foreigner, and
confidential data relative to the defense of the PH
having knowledge of any conspiracy against them, conceals or does not disclose
and make known the same, as soon as possible to the governor or fiscal of the
2. By disclosing to the representative of a foreign nation the contents of the
province, or the mayor or fiscal of the city in which he resides, as the case may be,
articles, data or information referred to in paragraph No. 1 of Art. 117,
shall be punished as an accessory to the crime of treason.
which he had in his possession by reason of the public office he holds
* Elements:
* Elements:
1. That the offender owes allegiance to the Gov’t, and not a foreigner
a. That the offender is a public officer
b. That he has in his possession the articles referred to in par. 1. Art. by giving such notice or information, he shall suffer the penalty of
117, by reason of his office reclusion temporal to death.
c. That he discloses the contents to a representative of a foreign
nation * Elements:
1. It is in time of war in which the PH is involved
* Other acts of espionage are punished by Commonwealth Act No. 616 2. That the offender makes correspondence with an enemy country or
territory occupied by enemy troops
1.2. Provoking War and Disloyalty in Case of War 3. That the correspondence is either –
a. Prohibited by the Gov’t
* Crimes classified as provoling war and disloyalty in case of war are mentioned in b. Carried on in ciphers or conventional signs
Arts. 118 – 121, RPC. c. Containing notice or info which might be useful to the enemy

Article 118. Inciting to war or giving motives for reprisals. - The penalty of reclusion * Paragraphs 2 and 3 don’t require the prohibition of the Gov’t to make the
temporal shall be imposed upon any public officer or employee, and that of correspondence, “Such” in par. 2 makes reference to the correspondence
prision mayor upon any private individual, who, by unlawful or unauthorized acts mentioned in the opening sentence of Art. 120
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. * The ff. must concur together:
a. That the notice or info might be useful to the enemy
* Elements: b. Offender intends to aid the enemy
1. Offender performs unlawful or unauthorized acts
2. Such acts provoke/give occasion for a war involving or liable to involve Article 121. Flight to enemy country. - The penalty of arresto mayor shall be inflicted
the PH or expose PH citizens to reprisals on their persons or property upon any person who, owing allegiance to the Government, attempts to flee or
go to an enemy country when prohibited by competent authority.
* The intention of the offender is immaterial because the law considers the effects
produced by the acts of the accused * Elements:
1. There is war in which the PH is involved
* The crime is committed in time of peace 2. The offender must be owing allegiance to the Gov’t
3. Offender attempts to flee/go to enemy country
* Penalty is higher when the offender is a public officer/employee 4. Going to enemy country is prohibited by competent authority

Article 119. Violation of neutrality. - The penalty of prision correccional shall be 1.3. Piracy and Mutiny on the High Seas in PH Waters
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 Article 122. Piracy in general and mutiny on the high seas. - The penalty of
purpose of enforcing neutrality. reclusion temporal shall be inflicted upon any person who, on the high seas, shall
attack or seize a vessel or, not being a member of its complement nor a
* Elements: passenger, shall seize the whole or part of the cargo of said vessel, its equipment,
1. That there is a war in which the PH is not involved or personal belongings of its complement or passengers.
2. There is a regulation issued by competent authority for the purpose of The same penalty shall be inflicted in case of mutiny on the high seas or in
enforcing neutrality Philippine waters.
3. The offender violates such regulation
* 2 ways of committing piracy:
Article 120. Correspondence with hostile country. - Any person who in time of war, 1. By attacking/seizing a vessel on the high seas or PH waters
shall have correspondence with an enemy country or territory occupied by enemy 2. By seizing in the vessel while on the high seas or in PH waters, the whole or
troops shall be punished: part of its cargo, its equipment or personal belongings of its complement
1. By prision correccional, if the correspondence has been prohibited by or passengers
the Government;
2. By prision mayor, if such correspondence be carried on in ciphers or * Elements of piracy:
conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which
might be useful to the enemy. If the offender intended to aid the enemy 1. A vessel is on the high seas or in PH waters
2. Offenders aren’t members of its complement or passengers of the vessel correccional in its minimum period, if the detention has not exceeded
3. Offenders (a) attack/seize that vessel, or (b) seize the whole or part of the three days;
cargo of said vessel, its equipment or personal belongings of its 2. The penalty of prision correccional in its medium and maximum periods, if
complement or passengers the detention has continued more than three but not more than fifteen
days;
* Piracy – robbery/forcible depredation on the high seas, w/o lawful authority and 3. The penalty of prision mayor, if the detention has continued for more than
done with animofurandi and in the spirit and intention of universal hostility fifteen days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six
* Mutiny is also punished in Art. 122. It is usually committed by the other members of months.
the complement and may be committed by the passengers of the vessel The commission of a crime, or violent insanity or any other ailment requiring
the compulsory confinement of the patient in a hospital, shall be considered legal
Article 123. Qualified piracy. - The penalty of reclusion temporal to death shall be grounds for the detention of any person.
imposed upon those who commit any of the crimes referred to in the preceding
article, under any of the following circumstances: Article 125. Delay in the delivery of detained persons to the proper judicial
1. Whenever they have seized a vessel by boarding or firing upon the authorities. - The penalties provided in the next preceding article shall be imposed
same;
 upon the public officer or employee who shall detain any person for some legal
2. Whenever the pirates have abandoned their victims without means of ground and shall fail to deliver such person to the proper judicial authorities within
saving themselves; or the period of; twelve (12) hours, for crimes or offenses punishable by light penalties,
3. Whenever the crime is accompanied by murder, homicide, physical or their equivalent; eighteen (18) hours, for crimes or offenses punishable by
injuries or rape. correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital penalties, or their equivalent. In every
case, the person detained shall be informed of the cause of his detention and shall
* Piracy and mutiny is qualified if any of the ff. circumstances are present:
be allowed upon his request, to communicate and confer at any time with his
a) Offenders have seized the vessel by boarding/firing upon the same
attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July
b) The pirates have abandoned their victims w/o means of saving
25, 1987, respectively).
themselves
c) The crime is accompanied by murder, homicide, physical injuries, or rape
Article 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
* PH waters – all bodies of water, such as but not limited to, seas, gulfs, bays
specified therein the performance of any judicial or executive order for the release
around, between and connecting each of the Islands, including the territorial
of a prisoner or detention prisoner, or unduly delays the service of the notice of
seam the sea-bed, the insular shelves, and other submarine areas over which the
such order to said prisoner or the proceedings upon any petition for the liberation
PH has sovereignty/jurisdiction
of such person.
* Vessel – any vessel or watercraft used for transport of passengers and cargo from
Article 127. Expulsion. - The penalty of prision correccional shall be imposed upon
one place to another through PH waters. It shall include all kinds and types of
any public officer or employee who, not being thereunto authorized by law, shall
vessels or boats used in fishing
expel any person from the Philippine Islands or shall compel such person to
change his residence.
II. Crimes Against the Fundamental Laws of the State
1.2. Violation of Domicile
1. Arbitrary Detention or Expulsion, Violation of Dwelling, Article 128. Violation of domicile. - The penalty of prision correccional in its
Prohibition, Interruption, and Dissolution of Peaceful Meetings and minimum period shall be imposed upon any public officer or employee who, not
Crimes Against Religious Worship 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
1.1. Arbitrary Detention and Expulsion required to leave the premises, shall refuse to do so.
If the offense be committed in the night-time, or if any papers or effects
Article 124. Arbitrary detention. - Any public officer or employee who, without legal not constituting evidence of a crime be not returned immediately after the search
grounds, detains a person, shall suffer; made by the offender, the penalty shall be prision correccional in its medium and
1. The penalty of arresto mayor in its maximum period to prision maximum periods.
insurrection is committed by rising publicly and taking arms against the
Article 129. Search warrants maliciously obtained and abuse in the service of those Government for the purpose of removing from the allegiance to said Government
legally obtained. - In addition to the liability attaching to the offender for the or its laws, the territory of the Philippine Islands or any part thereof, of any body of
commission of any other offense, the penalty of arresto mayor in its maximum land, naval or other armed forces, depriving the Chief Executive or the Legislature,
period to prision correccional in its minimum period and a fine not exceeding wholly or partially, of any of their powers or prerogatives. (As amended by R.A.
P1,000 pesos shall be imposed upon any public officer or employee who shall 6968).
procure a search warrant without just cause, or, having legally procured the same,
shall exceed his authority or use unnecessary severity in executing the same. Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift
attack accompanied by violence, intimidation, threat, strategy or stealth, directed
Article 130. Searching domicile without witnesses. - The penalty of arresto mayor in against duly constituted authorities of the Republic of the Philippines, or any
its medium and maximum periods shall be imposed upon a public officer or military camp or installation, communications network, public utilities or other
employee who, in cases where a search is proper, shall search the domicile, facilities needed for the exercise and continued possession of power, singly or
papers or other belongings of any person, in the absence of the latter, any simultaneously carried out anywhere in the Philippines by any person or persons,
member of his family, or in their default, without the presence of two witnesses belonging to the military or police or holding any public office of employment with
residing in the same locality. or without civilian support or participation for the purpose of seizing or diminishing
state power. (As amended by R.A. 6968).
1.3. Prohibition, Interruption and Dissolution of Peaceful Meetings
Article 135. Penalty for rebellion, insurrection or coup d'etat. - Any person who
Article 131. Prohibition, interruption and dissolution of peaceful meetings. - The promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of
penalty of prision correccional in its minimum period shall be imposed upon any reclusion perpetua.
public officer or employee who, without legal ground, shall prohibit or interrupt the Any person merely participating or executing the commands of others in
holding of a peaceful meeting, or shall dissolve the same. a rebellion shall suffer the penalty of reclusion temporal.
The same penalty shall be imposed upon a public officer or employee Any person who leads or in any manner directs or commands others to
who shall hinder any person from joining any lawful association or from attending undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
any of its meetings. Any person in the government service who participates, or executes
The same penalty shall be imposed upon any public officer or employee directions or commands of others in undertaking a coup d'etat shall suffer the
who shall prohibit or hinder any person from addressing, either alone or together penalty of prision mayor in its maximum period.
with others, any petition to the authorities for the correction of abuses or redress of Any person not in the government service who participates, or in any
grievances. manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer
the penalty of reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be under the
1.4. Crimes Against Religious Worship
command of unknown leaders, any person who in fact directed the others, spoke
for them, signed receipts and other documents issued in their name, as performed
Article 132. Interruption of religious worship. - The penalty of prision correccional in
similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion,
its minimum period shall be imposed upon any public officer or employee who
insurrection, or coup d'etat. (As amended by R.A. 6968, approved on October 24,
shall prevent or disturb the ceremonies or manifestations of any religion.
1990).
If the crime shall have been committed with violence or threats, the
penalty shall be prision correccional in its medium and maximum periods.
Article 136. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. - The conspiracy and proposal to commit coup d'etat shall be
Article 133. Offending the religious feelings. - The penalty of arresto mayor in its
punished by prision mayor in minimum period and a fine which shall not exceed
maximum period to prision correccional in its minimum period shall be imposed
eight thousand pesos (P8,000.00).
upon anyone who, in a place devoted to religious worship or during the
The conspiracy and proposal to commit rebellion or insurrection shall be
celebration of any religious ceremony shall perform acts notoriously offensive to
punished respectively, by prision correccional in its maximum period and a fine
the feelings of the faithful.
which shall not exceed five thousand pesos (P5,000.00) and by prision correccional
in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As
III. Crimes Against Public Order amended by R.A. 6968, approved October 24, 1990).

Article 137. Disloyalty of public officers or employees. - The penalty of prision


1. Rebellion, Sedition and Disloyalty
correccional in its minimum period shall be imposed upon public officers or
employees who have failed to resist a rebellion by all the means in their power, or
Article 134. Rebellion or insurrection; How committed. - The crime of rebellion or
shall continue to discharge the duties of their offices under the control of the rebels
or shall accept appointment to office under them. (Reinstated by E.O. No. 187).

Article 138. Inciting a rebellion or insurrection. - The penalty of prision mayor in its
minimum period shall be imposed upon any person who, without taking arms or
being in open hostility against the Government, shall incite others to the execution
of any of the acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the
same end. (Reinstated by E.O. No. 187).

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