CRIM LAW REVIEW (TE)

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Section One: Treason and Espionage

Treason 1. The offender (PH citizen or Alien residing in the PH) owes allegiance to • If you give water is that support? Yes, if
the government of the PH done with criminal intent
2. There is war in the PH • Treason is a continuous offense
3. The offender either: (a) levies war against the government (b) • Treason cannot be complexed with
adheres to the enemies (giving them aid or comfort) other crimes (it absorbs the crimes
committed in furtherance thereof)
• Circumstances inherent in treason
o Evident premeditation
o Abuse of superior strength
o Treachery
• There can be double jeopardy in
treason!
Levies War
• himself performs an act of war
o There is an actual assembly of
men (to deliver the country to
an external enemy)
o For the purpose of executing a
treasonable design by force
• This felony is only committed during war,
there must be a declaration
Adheres to the enemy
• There must be an intent to betray
• It must be a deed or physical activity
and not merely a mental operation (ex.
Furnishing supplies)
Ways of proving treason
1. Testimony of 2 witnesses, at least, to the
same overt act
2. Confession of guilt by the accused in
open court
- Can treason be committed as an attempt?
- Is wearing the uniform of an enemy country
treason?

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Conspiracy and Conspiracy • 2 witness rule does not apply because
proposal to 1. 2 or more persons come to an agreement this is a separate and distinct offense
commit treason 2. Agreement is to levy war against the government or adhere to the from that of treason
enemies and give them aid or comfort, and decide to commit it • Everyone is liable for the same act
Proposal
1. In time of war, a person has decided to levy war or adhere to the
enemies
2. The person proposes its execution to some other persons

Misprision of 1. The offender is a citizen of the PH and not a foreigner

Treason 2. He has knowledge of any conspiracy against the government • What if he announces that he’s
3. The conspiracy is one to commit treason switching sides? Not yet
4. He conceals or does not disclose and make known the same as soon • Misprision – failure of a citizen to report
as possible to the proper authority as soon as possible a conspiracy which
comes to his knowledge, against the
government
• This provision does not apply when
treason is already committed and the
accused does not report its commission
• The offender is punished as an
accessory to treason, but a principal in
the crime of misprision of treason
• What if he doesn’t proceed with the act
of adherence? He desists?

Espionage By entering, without authority, a warship, fort or military or navel establishment • Consummated by mere entry of the
or reservation to obtain information, plans, photographs, or other data of accused without authority into the
confidential nature relative to the defense of the PH warship, fort, military, or naval
1. The offender enters any of the places establishment with the purpose of
2. His purpose is to obtain information, plans, photos, or other data of a obtaining info
confidential nature relative to the defense of the PH • Cannot be by culpa – there’s a specific
By Disclosing to the representative of a foreign nation the contents of the reason why he enters
articles, data or information referred to in the proceeding paragraph, which • Can this be done by culpa? What if
he had in his possession by reason of the public office he holds inadvertent? No. punishable under
1. The offender is a public officer A365 not as espionage
2. He has in his possession articles, data or info by reason of the public
office he holds
3. He discloses their contents to a representative of a foreign nation

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CA 616 (The Punishable acts • There must be an intent to injure the
Espionage Act 1. Unlawfully obtaining or permitting to be obtained information affecting government (if not, it’s not espionage)
national defense
2. Unlawfully disclosing information affecting national defense
3. Disloyal acts in time of peace • Same acts as treason but during a time
4. Disloyal acts or words in time of war (DJ) of peace
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the act
7. Photographing defensive installations
8. Using permitting or procuring the use of an aircraft for the same
purpose of violating #7
9. Reproducing, publishing, selling, or giving away of uncensored copies
of those mentioned under no. 7 without the permission of the
commanding officer
10. Destroying or injuring or attempting to injure or destroy war material or
national defense material, premises or utilities
11. Making or causing to be made in a defective manner, or attempting
to make or cause to be made in a defective manner, war material or
national defense material

Section Two: Provoking War and Disloyalty in Case of War

Inciting or giving 1. That the offender performs unlawful or unauthorized acts • Done only by a private individual
motives for 2. That such acts • Desired effect: PH starts a war
reprisals a. Provoke or give occasion for a war involving or liable to • Intention of the accused is immaterial
involve the PH • This is committed in time of peace
b. Expose PH citizens to reprisals on their persons and property • Penalty is higher when the offender is a
public officer

Violation of 1. That there is a war in which the PH is not involved

Neutrality 2. That there is a regulation issued by a competent authority for the
purpose of enforcing neutrality
3. That the offender violates such regulation

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Correspondence 1. That this is made in time of war in which the PH is involved • Can be violated along with treason
with Hostile 2. The offender makes correspondence with the • If the offender intended to aid the
Country a. Enemy country enemy by giving such notice or
b. Territory occupied by enemy troops information, the crime amounts to
3. The correspondence is either treason, hence, same penalty
a. Prohibited by the government • Penalty: RP - death
b. Carried on in Ciphers or conventional signs
c. Contains notice or information which might be useful to the
enemy

Flight to Enemy’s 1. That there is a war in which the PH is involved

Country 2. That the offender owes allegiance to the government
3. That the offender attempts to flee or go to the enemy country
4. That going to the enemy country is prohibited by competent authority

Piracy in General 1. That a vessel is on the high seas or in PH waters • Piracy if they seize part of the cargo
and Mutiny on 2. The offenders are not members of its complement or passengers of • Piracy –not a member of the crew;
the High Seas or the vessel mutiny –member of the crew
in PH Waters 3. That the offenders: • Piracy is triable anywhere
a. Attack or seize the vessel • Mutiny – the unlawful resistance to a
b. Seize the whole or part of the cargo of said vessel, its superior, or the raising of commotions
equipment or personal belongings of its complement or and disturbances on board a ship
passengers against the authority of its commander

PD 532 Anti- Punishable Acts

Piracy and Anti- 1. Piracy
Highway Robbery 2. Highway robbery/brigandage
Law 3. Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/ brigandage

Qualified Piracy Qualifying Circumstances • What qualifies it? If they attack without
1. Whenever the offenders have seized the vessel by boarding or firing firing it’s just piracy
upon the same • How different from piracy? Can you
2. Whenever the pirates have abandoned their victims without means of seize a vessel without boarding/
saving themselves attacking it? Yes. If you block/prevent it
3. Whenever the crime is accompanied by Murder, Homicide, Physical from doing what it wants
injuries or rape • Punished separately? No. It’s a special
complex crime (RP – death)
o Intent must have been piracy
o Otherwise, it can be punished as
2 separate offenses

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TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

Section One: Arbitrary Detention and Expulsion

Arbitrary 1. That the offender is a public officer • Person arrested on no legal grounds
Detention 2. That he detains a person • Committed by a public officer
3. That the detention is without legal grounds • Offense is committed as soon as the
person is detained
• Provision provides for different penalities
depending on the duration
• Legal grounds for detention: warrant of
arrest, valid warrantless arrest
• Also refers to a person held without a
valid court order

Delay in the 1. That the offender is a public officer or employee • Vs. arbitrary detention: Initial arrest is for
Delivery of 2. That he has detained a person for some legal ground some legal ground
Detained Persons 3. That he fails to deliver such person to the proper authorities within • Can only be committed by a public
to the proper a. 12 hours for offenses punishable by light penalties or their officer or employee
judicial equivalent • “Deliver to the authorities” –file the
authorities b. 18 hours for offenses punishable by correctional penalties or appropriate charge
their equivalent • In relation to crimpro: Inquest (person is
c. 36 hours for offenses punishable by afflictive penalties or their arrested without a warrant, need a
equivalent speedy remedy)
• If cause is not valid, person is released
immediately

Delaying Release 1. That the offender is a public officer or employee • Most likely to be violated by wardens or
2. That there is a judicial or executive order for the release of the prisoner jailers
or that there is a proceeding upon a petition for the liberation of such
person
3. That the offender without good reason delays either:
a. The service of the notice of such order to the prisoner
b. The performance of such judicial or executive order for the
release of the prisoner
c. The proceedings upon a petition for the release of such
person

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Expulsion 1. That the offender is a public officer or employee • Who are the officers authorized?
2. That he expels any person from the Philippines, or compels a person to Commissioner of the Bureau of
change his residence Immigration
3. That the offender is not authorized to do so by law • Is expulsion part of the penalties the
judge can impose? A Judge may make
the criminal change residence
(destierro)
• What is the defense if the police force
someone to move out? Lawful
performance of a duty (justifying
circumstance)

Section Two: Violation of Domicile

Violation of 1. That the offender is a public officer or employee • cf. R126, A3S2 Consti
Domicile 2. That he is not authorized by judicial order to enter the dwelling and/or • Penalty here is for only 1 period
to make a search for paper or other effects • What is the felony of surreptitiously
3. That the offender shall entering without a warrant? No felony.
a. Enter any dwelling against the will of the owner thereof He has a warrant
b. Search papers or other effects found therein without the
previous consent of such owner
c. Refuse to leave the premises, after having surreptitiously
entered said dwelling and having been required to leave the
same

Search Warrants Procuring a search warrant without just cause • When is a search warrant validly
Maliciously 1. That the offender is a public officer or employee obtained? R126
Obtained and 2. That he procures a search warrant • If the police exercise force but have a
Abuse in the 3. That there is no just cause warrant –still a felony of search warrants
Service of those Exceeding his authority or by using unnecessary severity in executing a maliciously abused
legally detained search warrant legally procured
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in
executing the same

Searching 1. That the offender is a public officer or employee

Domicile Without 2. That he is armed with a search warrant legally procured
Witnesses 3. That he searched the domicile, papers or other belongings of any
person
4. That the owner or any member of his family or t

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Section Three: Prohibition, Interruption, and Dissolution of Peaceful Meetings

Prohibition, 1. That the offender is a public officer or employee

Interruption, and 2. That he performs any of the following acts:
Dissolution of a. Prohibiting, interrupting or dissolving without legal grounds the
Peaceful holding of a peaceful meeting
Meetings b. Hindering any person from joining any lawful association or
attending any of its meetings
c. Hindering any person from addressing, either alone or
together with others, any petition to the authorities for the
correction of abuses or redress of grievances

Section Four: Crimes Against Religious Worship

Interruption of 1. That the offender is a public officer or employee

Religious Worship 2. That religious ceremonies or manifestations of any religion are about
to take place or are going on
3. That the offender prevent or disturbs the same

Offending 1. That the acts complained of were performed • Offender performs acts notoriously
Religious Feelings a. In a place devoted to religious worship offensive to the feelings of the faithful
b. During the celebration of any religious ceremony o It’s just like saying offensive to
2. That the acts must be notoriously offensive to the feelings of the public morals
faithful o Does this mean it’s a question of
quality?
• What is a religion? The court cannot say
you are not a religion

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TITLE 3: CRIMES AGAINST PUBLIC ORDER

Chapter One: Rebellion, Sedition, and Disloyalty

Rebellion or 1. That there be • Check out the hernandez ruling; Enrile

Insurrection a. Public uprising vs. Salazar –no such thing as rebellion
b. Taking up of arms against the government complexed with other offenses
2. That the purpose is either • Gonzales v Abaya –prosecution for
a. Removing from the allegiance to said government or its laws coup d’etat and
i. The territory of the PH
ii. Anybody of land, naval or other armed forces
b. Depriving wholly or partially, any of the powers or prerogatives
of the
i. Chief Executive
ii. Congress

Coup d’état 1. That the offender is a person or persons belonging to the military or
police or holding any public office or employment
2. That it is committed by means of a swift attack, accompanied by
violence, intimidation, threat, strategy, or stealth
3. That the attack is directed against duly constituted authorities of the
RP or any military camp or installation or communication networks,
public utilities or other facilities needed for the exercise and continued
possession of power
4. That the purpose of the attack is to seize or diminish state power

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Penalty for Penalty for rebellion, insurrection or coup d'etat.  - Any person who
Rebellion or promotes, maintains, or heads rebellion or insurrection shall suffer the
Coup d’état penalty of reclusion perpetua.
Any person merely participating or executing the commands of others in
a rebellion shall suffer the penalty of reclusion temporal.
Any person who leads or in any manner directs or commands others to
undertake a coup d'etat shall suffer the penalty of reclusion perpetua.
Any person in the government service who participates, or executes
directions or commands of others in undertaking a coup d'etat shall suffer
the penalty of prision mayor in its maximum period.
Any person not in the government service who participates, or in any
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
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 similar acts, on behalf or the rebels shall be
deemed a leader of such a rebellion, insurrection, or coup d'etat
Conspiracy and 1. Conspiracy to commit rebellion
proposal to 2. Proposal to commit rebellion
commit rebellion,
insurrection or
coup d’etat

Disloyalty of 1. Failing to resist a rebellion by all means in their power

public officers or 2. Continuing to discharge the duties of their office under the control of
employees the rebels
3. Accepting appointment to office under the rebels

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Inciting to 1. That the offender does not take up arms or is not in open hostility • These are different offenses
rebellion or against the government o Inciting to sedition: person
insurrection 2. That he incites others to the execution of any of the acts of rebellion doesn’t take part but incites
3. That the inciting is done by means of speeches, proclamations, others; incitement can be done
writings, emblems, banners or other representations tending to the through any form of expression
same end • Knowingly conceals ! inciting to
sedition; felony by omission
• Acts fall under freedom of expression
(clear and present danger rule)
Problematic part:
• Person who utters seditious words or
achieves the purpose –must there be a
finding first of the words being seditious?
How do you prove this? –Espuelas v
People – seditious libel (one that has the
immediate tendency to stir up
discontent)
• When someone criticizes government
does that refer to scurrilous libel?

Sedition 1. That the offenders rise • Cf. Rebellion –objective offenses

a. Publicly o Purposes may also overlap
b. Tumultuously o Sedition: offenses against private
2. That they employ force, intimidation, or other means outside of legal people
methods • No proposal to commit sedition just
3. That the offenders employ any of those means to attain any of the conspiracy to commit sedition
following objectives: (because proposal is already covered
a. To prevent the promulgation or execution of any law or the by inciting to commit sedition)
holding of any popular election
b. To prevent the government or any public officer from freely
exercising its or his functions, or prevent the execution of any
AO
c. To inflict any act of hate or revenge upon the person or
property of any public officer or employee
d. To commit, for any political or social end, any act of hate or
revenge against private persons or any social class
e. To Despoil, for any political or social end, any person,
municipality or province, or the National Government of all its
property or any part thereof

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Penalty for The leader of sedition shall suffer the penalty of prision mayor in its
Sedition minimum period and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision
correccional in its maximum period and a fine not exceeding 5,000
pesos. 
Chapter Two: Crimes against Popular Representation

Section 1: Crimes against Legislative Bodies and Similar Bodies

Acts tending to 1. That there be a projected or actual meeting of the congress or any of • Force – produces an injury
prevent the its committees or subcommittees, constitutional commissions or • Fraud -- falsification
meeting of the committees or divisions thereof, or of any provincial board or city or
assembly and municipal council or board
similar bodies 2. That the offender, who may be any person, prevents such meeting by
force or fraud

Disturbance of 1. That there be a meeting of congress or any of its committees or • Complaint must be filed by a member
Proceedings subcommittees, CCs, or any provincial board or city or municipal of the legislative body
board or council • Disturbance created by a participant in
2. That the offender does any of the ff: the meeting is not covered
a. He disturbs any of such meetings
b. He behaves in the presence of such bodies in such a manner
as to interrupt its proceedings or to impair the respect due it

Section 2: Violation of Parliamentary Immunity

Violation of 1. That the offender uses force, intimidation, threats or fraud • Not necessary that the member is
parliamentary 2. That the purpose of the offender is to prevent any member of actually prevented from exercising any
Immunity congress from: of his functions
a. Attending the meetings of the congress or any of its • Immunity does not protect members of
committees or CCs congress from responsibility before the
b. Expressing his opinion legislative body itself
c. Casting his vote • This is a qualified immunity (if congress is
1. That the offender is a public officer or employee not in session they can be arrested at
2. That he arrests or searches any member of congress any time)
3. That the Congress, at the time of arrest or search, is in regular or
special session
4. That the member arrested or searched has not committed a crime
punishable under the code by a penalty higher than prision mayor

Chapter Three: Illegal Assemblies and Associations

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Illegal Assemblies Any meeting attended by armed persons for the purpose of committing any • Meeting – a gathering or group,
of the crimes punishable under the RPC whether in a fixed place or moving
1. That there is a meeting, gathering or group of persons, whether in a o If the meeting is in cyberspace?
fixed place or moving But they have to be armed
2. That the meeting is attended by armed persons • At least 2 people should be armed
3. That the purpose of the meeting is to commit any of the crimes • These crimes are purpose driven
punishable under the RPC
Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agent
1. That there is a meeting, a gathering or group of persons, whether in a • Audience must actually be incited
fixed place or moving • Persons liable: (1) organizers or leaders
2. That the audience, whether armed or not, is incited to the commission of the meeting (2) Persons merely
of the crime of treason, rebellion or insurrection, sedition or direct present at the meeting
assault • There must be a common intent to
commit the felony of illegal assembly

Illegal Prohibited Associations • Mere membership is punished

Associations 1. Association organized for the purpose of committing any of the • Disini v SOJ
crimes punishable under the RPC o If person is the author they can
2. Association organized for some purpose contrary to public morals be charged with cyberlibel, if
they like they aren’t liable
o If it’s a group how do you prove
liability
• Presumption in illegal assemblies does
not apply
Persons liable
• Founders, directors, and presidents of
the association
• Members of the association

Chapter Four: Assault upon and resistance and disobedience to persons in authority and their agents

Persons and • Persons in authority

agents of persons • Agent --– charged with (1)
in authority maintenance of public order (2) the
protection and security of life and
property

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Direct Assault(s) Without public uprising, by employing force or intimidation for the attainment • Any persons who, without a public
of any of the purposes enumerated in defining the crimes of seidx uprising, employs force or intimidation
to accomplish the purposes of rebellion
or sedition
• Is direct assault a less grave felony? Yes.
Max period is correccional in nature

Indirect Assault • If assault committed by an agent –

indirect assault
• Any person coming to the aid of the
authorities is considered an agent
• Authorities –authorities in general not
just a person in authority
• People v Dollantes – if there’s a
complex crime of direct assaults on
persons in authority resulting in murder
o Person who was killed was
assaulted first
o Sir Te: why charge direct assault
with murder? If person is dead it
means there was an intent to kill
o No special complex crime of
direct assault with murder
(should be with homicide; the
general term)

Resistance and
Disobedience

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