FUNDAMENTAL or omissions and

PRINCIPLES establishing penalties

for their violations.
Those that define
WHAT IS CRIMINAL crimes, treat of their
LAW? nature and provide for
1. Criminal Law is that their punishment.
branch of municipal
law which defines BASIC MAXIMS IN
crimes, treats of their CRIMINAL LAW:
nature and provides for Nullum crimen, nulla
their punishment. poena sine lege
2. It is that branch of (There is no crime
public substantive law when there is no law
which defines offenses punishing the same) –
and prescribes their No matter how
penalties. It is wrongful, evil or bad
substantive because it the act is, if there is no
defines the state’s right law defining the act,
to inflict punishment the same is not
and the liability of the considered a crime.
offenders. It is public
law because it deals Actus non facit reum,
with the relation of the nisi mens sit rea (The
individual with the act cannot be criminal
state. where the mind is not
criminal) – This is true
WHAT IS PENAL to a felony
LAW? characterized by dolo,
Penal laws are acts of but not a felony
the Legislature resulting from culpa.
prohibiting certain acts This maxim is not an
1 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
absolute one because it not my act) – Whenever
is not applied to a person is under a
culpable felonies, or compulsion of
LECTURE NOTES IN CRIMINAL LAW II
URDANETA CITY UNIVERSITY
COLLEGE OF CRIMINAL JUSTICE
EDUCATION
BY: ATTY. JOHN PATRICK G.
CALONGCAGON

those that result from irresistible force or

negligence. uncontrollable fear to
do an act against his
Doctrine of Pro Reo – will, in which that act
Whenever a penal law produces a crime or
is to be construed or offense, such person is
applied and the law exempted in any
admits of two criminal liability arising
interpretations, one from the said act.
lenient to the offender
and one strict to the
offender, that WHAT ARE THE
interpretation which is DIFFERENT
lenient or favorable to THEORIES IN
the offender will be CRIMINAL LAW?
adopted.
CLASSICAL THEORY
Actus me invito – the basis of criminal
factus non est meus liability is human free
actus (An act done by will and the purpose of
me against my will is the penalty is
2 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
retribution. It is positivist and classical
endeavored to establish thinking wherein
a mechanical and crimes that are
direct proportion economic and social in
between crime and nature should be dealt
penalty, and there is in a positive manner,
scant regard to the thus, the law is more
human element. compassionate. Ideally,
the classical theory is
Note: The Revised applied to heinous
Penal Code of the crimes, whereas, the
Philippines is generally positivist is made to
governed by the work on economic and
Classical Theory. social crimes.
POSITIVIST THEORY UTILITARIAN OR
– the basis of criminal PROTECTIVE
liability is the sum of
THEORY
the social, natural and
– the primary purpose
economic phenomena
of the punishment
to which the actor is
under criminal law is
exposed. The purposes
the protection of
of penalty are
society from actual and
prevention and
potential wrongdoers.
correction. This theory
The courts, therefore,
is exemplified in the
in exacting retribution
provisions regarding
for the wronged
impossible crimes and
society, should direct
habitual delinquency.
the punishment to
ECLECTIC or MIXED potential or actual
THEORY – it is a wrongdoers, since
combination of criminal law is directed
3 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
against acts or always mala in se, it
omissions which the does not follow that
society does not prohibited acts done in
approve. Consistent violation of special laws
with this theory is the are always mala
mala prohibita prohibita.
principle which
punishes an offense
regardless of malice or
criminal intent.
WHAT ARE CRIMES
MALA IN SE AND
CRIMES MALA
PROHIBITA?
Violations of the
Revised Penal Code are
referred to as malum in
se, which literally
means, that the act is
inherently evil or bad
or per se wrongful. On
the other hand,
violations of special
laws are generally ARE ALL CRIMES
referred to as malum PUNISHED BY
prohibitum. Note, SPECIAL LAW
however, that not all MALUM PROHIBITA?
violations of special
NO. Even if the crime is
laws are mala
punished under a
prohibita. While
special law, if the act
intentional felonies are
4 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
punished is one which WHAT IS THE
is inherently wrong, the DEFINTION OF A
same is malum in se, CRIME?
and, therefore, good A crime is the generic
faith and the lack of term used to refer to a
criminal intent is a wrongdoing punished
valid defense; unless it either under the RPC
is the product of or under the special
criminal negligence or law.
culpa.
CLASSIFICATIONS
WHAT ARE OF A CRIME:
VIOLATIONS OF 1. As to the commission
SPECIAL LAWS a. Dolo or felonies
WHICH ARE committed with
CONSIDERED MALA deliberate intent
IN SE? b. Culpa or those
committed by means
1. Piracy in of fault
Philippine Waters
2. Brigandage in 2. As to the stage of
the Highways execution
a. Attempted
NOTE: Likewise, when b. Frustrated
the special laws require c. Consummated
that the punished act
be committed 3. As to gravity
knowingly and willfully, a. Grave felonies
criminal intent is b. Less grave felonies
required to be proved c. Light felonies
before criminal liability
may arise. 4. As to count

5 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon

 a. Composite or must be a specific
special complex statute or law declaring
b. Complex, under Art. such conduct as a
48 crime and providing for
c. Continuing a penalty.

5. Classification of WHO HAS THE

felonies as to POWER TO ENACT
a. Formal felonies – PENAL LAWS?
those which are always Only the legislative
consummated. (e.g. branch of the
physical injuries) government can enact
b. Material felonies – penal laws.
those which have
various stages of WHAT ARE THE
execution. CONSTITUTIONAL
LIMITATIONS ON
c.Those which do not
THE RIGHT OF THE
admit of the frustrated
LEGISLATURE TO
stage. (e.g. rape and
ENACT PENAL
theft)
LAWS?
6. As to nature
a. Mala in se 1. No ex post facto
b. Mala prohibita law or bill of
attainder shall be
THE PRINCIPLE OF enacted. (Sec. 22,
LEGALITY Art. llI, 1987
The principle which Constitution)
declares that for any
Note: An ex post facto
human conduct to be
law is one wherein if
considered as a
given a retroactive
criminal act, there
6 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
application will be
prejudicial to the 4. Excessive fines
accused. shall not be
A bill of attainder is a imposed, nor cruel,
legislative act which degrading or
inflicts punishments inhuman
without trial. Its punishment
essence is the inflicted. (Sec. 19
substitution of a [1], Art. III, 1987
legislative act for a Constitution)
judicial determination EX POST FACTO LAW
of guilt. – to be called an ex
2. No person shall post fact law, the law
be held to answer must be penal in
for a criminal nature, retroactive in
offense without due application, and
process of law. prejudicial to the
(Sec. 14, [1], Art. accused.
III, 1987 KINDS OF EX POST
Constitution) FACTO LAW:
3. No person shall 1. Provides for
be deprived of life, the infliction of
liberty, or property punishment upon
without due process a person for an act
of law, nor shall any done which, when
person be denied it was committed,
the equal protection was innocent;
of the laws. (Sec. 1, 2. Aggravates a
Art. III, 1987 crime or makes it
Constitution)
7 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 greater than when crime of some
it was committed; lawful protection
3. Changes the to which they have
punishment or become entitled,
inflicts a greater such as the
punishment than protection of a
the law annexed former conviction
to the crime when or acquittal, or of
it was committed; the proclamation
4. Changes the of amnesty;
rules of evidence 7. In relation to
and receives less the offense or its
or different consequences,
testimony then alters the situation
was required at of a person to his
the time of the disadvantage.
commission of the
offense in order to CHARACTERISTICS
convict the OF THE
offender; PHILIPPINE
5. Assuming to CRIMINAL LAW:
regulate civil 1. Generality
rights and 2. Territoriality
remedies only, in 3. Proceptivity
effect imposes a
penalty or the Generality – means that
disposition of a the criminal law of the
right which when country governs all
done was lawful; persons within the
country regardless of
6. Deprives the
their race, belief, sex,
person accused of
or creed.
8 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 law had already taken
Note: The term effect.
generality has no
reference to territory. It Note: This is also
refers to persons that called irretrospectivity.
may be governed by
the penal law. WHAT ARE THE
EXCEPTIONS TO
Territoriality – means THE RULE ON
that the penal laws of GENERALITY OF
the country have force PENAL LAWS?
and effect only within
its territory. Exceptions brought
about by:
Note: The territorial a. Treaty stipulations
application of criminal and international
laws is again subject to agreements. E.g. RP‐
certain exceptions US Visiting Forces
brought about by Accord.
treaties or international
agreements. b. Laws of Preferential
Application
Certain exceptions to
the territorial Note: RA 75 penalizes
application of criminal acts which would
laws are also outlined impair the proper
under Art. 2 of the observance by the
RPC. Republic and its
inhabitants of the
Prospectivity – means immunities, rights, and
that acts or omissions privileges of duly
will only be subject to a accredited foreign
penal law if they are diplomatic
committed after a penal
9 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
representatives in the Whenever a new
Philippines. statute dealing with
crime establishes
c. The principles of conditions more lenient
public international or favorable to the
law accused.
1. Sovereigns and
other chiefs of states Note: The retroactive
2. Ambassadors, effect shall benefit the
ministers, accused even if at the
plenipotentiary, time of the publication
ministers resident, of the law, a final
and charges d’ judgment has been
affaires. pronounced and the
convict is serving
Note: Consuls, vice‐ sentence.
consuls, and other
commercial EXCEPTION TO THE
representatives of EXCEPTION:
foreign nation are not
The new law cannot be
diplomatic officers.
given retroactive effect:
Consuls are subject to
the penal laws of the 1. Where the new law
country where they are is expressly made
assigned. inapplicable to
pending actions or
WHAT IS THE
existing causes of
EXCEPTION TO THE
actions.
PROSPECTIVE
2. Where the offender
APPLICATION OF is a habitual criminal.
PENAL LAWS?
WHAT ARE
FELONIES?
10 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 poena sine lege, that is,
FELONIES – acts or there is no crime where
omissions punishable there is no law
by the Revised Penal punishing it.
Code.
HOW ARE FELONIES
Note: Acts refer to any COMMITTED?
kind of body movement
Felonies are committed
that produces change
not only be means of
in the outside world.
deceit
The act must be an
(dolo) but also by
external act which has
means of fault (culpa)
a direct connection
with the felony WHAT ARE THE
intended to be KINDS OF
committed. FELONIES?
Omission means 1. Intentional
inaction, the failure to felonies (Dolo)
perform a positive duty 2. Culpable
which one is bound to felonies (Culpa)
do. There must be a
WHAT ARE THE
law requiring a certain
act to be performed REQUISITES OF
and the person DOLO?
required to do the act Criminal intent – the
fails to perform it. purpose to use a
Punishable under the particular means to
RPC means this effect such result.
element of a felony is Intent to commit an act
based upon the maxim, with malice being
nullum crimen, nulla purely a mental process
is presumed. Such
11 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
presumption arises Note: The word
from the proof of voluntariness in
commission of an criminal law does not
unlawful act. A mental mean acting in one's
state, hence, its own volition. In
existence is shown by criminal law,
overt acts. voluntariness
comprehends the
Note: If there is NO concurrence of freedom
criminal intent, the act of action, intelligence
is justified. Offender and the fact that the
incurs NO criminal act was intentional.
liability. E.g. The
existence of a lawful or Intelligence – means
insuperable cause, the capacity to know
commission by mere and understand the
accident. consequences of one's
act.
Freedom of action –
voluntariness on the Note: If there is lack of
part of the person to intelligence, the
commit the act or offender is exempt from
omission. liability. E.g. is when
the offender is an
Note: If there is lack of imbecile, insane, or
freedom, the offender under 15 years of age.
is exempt from liability.
Example is the Note: If any of these
presence of irresistible requisites is absent,
force or uncontrollable there is no dolo. If
fear. there is no dolo, there
could be no intentional
felony.
12 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 4. Espionage (Art.
DOLO v. CULPA 117)
5. Inciting to war
and giving motives
for reprisals (Art.
118)
6. Violation of
neutrality (Art. 119)
CRIMINAL LAW
BOOK II 7. Correspondence
with hostile country
CRIMES AGAINST (Art.
NATIONAL 120)
SECURITY 8. Flight to enemy’s
AND LAW OF country (Art. 121)
NATION
ART. 115 – 123 of the What are the crimes
RPC against law of Nation?
1. Piracy in
What are the crimes general and mutiny
against National on the high seas or
Security? Philippine water
(Art. 122)
1. Treason (Art
114) NOTE: Crimes against
2. Conspiracy and National Security may
proposal to commit only be committed in
treason times of war.
(Art. 115)
Except: 1. Espionage
3. Misprision of
treason (Art. 116)
13 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 2. Inciting to war Allegiance – the
and giving motives obligation of fidelity
for reprisal and obedience, which
3. Violation of one owes to the
neutrality government under
4. Mutiny and which he lives, in
piracy return for the
protection he receives.
TREASON
WHAT ARE THE
WHAT IS TREASON? ELEMENTS OF THE
CRIME OF
Treason is the breach
of allegiance to a TREASON?
government committed 1. Offender is a
by a person who owes Filipino Citizen or
allegiance to it. an alien residing in
WHO MAY BE the Philippines
LIABLE FOR THE 2. There is a war in
CRIME OF which the
TREASON? Philippines is
involved
Filipino citizens and 3. The Offender
resident aliens can be either:
liable for treason. A a. Levies war
citizen owes permanent against the
allegiance to his government or
government while a
b. Adheres to the
resident alien owes
enemies by giving
temporary
them aid and
allegiance to the
comfort
government
14 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
WHAT DOES WHAT IS THE
LEVYING WAR MEANING OF AID
MEANS? AND COMFORT?
1. There must be an
It means any act which
actual assembling of
strengthens or tends to
men
strengthen the enemy
2. For the purpose of of the government in
executing a the conduct of war
treasonable design by against the government
force or an act which
NOTE: Levying war weakens or tends to
must be in weaken the power of
collaboration with a the government to
foreign enemy resist or to attack the
enemies of the
WHAT IS THE government.
MEANING OF
ADHERENCE TO THE CONSPIRACY AND
ENEMY? PROPOSAL TO
COMMIT TREASON
Adherence to the (ART. 115)
enemy means that the
citizen intellectually or WHAT ARE THE
emotionally favors the ELEMENTS OF
enemies and harbors CONSPIRACY TO
sympathies or COMMIT TREASON?
convictions disloyal to 1. In time of war
his country’s policy or 2. Two or more
interest. It means that persons come to an
there is intent to agreement to: a.
betray.
15 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 Levy war against MISPRISION OF
the Government, or TREASON?
b. Adhere to 1. Offender must be
enemies and to owing allegiance to
give them aid of the government of the
comfort Philippines
3. They decide to 2. Offender is not a
commit it foreigner
3. He has knowledge
WHAT ARE THE of any conspiracy to
ELEMENTS OF commit treason
PROPOSAL TO against the said
COMMIT TREASON? government.
1. In time of war 4. He conceals or fails
2. A person who to disclose and make
has decided to levy known the same as
war against the soon as possible to
government, or to the: a. Governor
adhere to the b. Fiscal of the
enemies and give province
them aid and c. Mayor or fiscal of
comfort. the city in which he
resides.
3. Proposes its
execution to some
ESPIONAGE ART.
other person or
117
persons.
WHAT IS THE CRIME
MISPRISION OF
OF ESPIONAGE?
TREASON (ART. 116)
Espionage is the
WHAT ARE THE
offense of gathering,
ELEMENTS OF
16 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
transmitting, or losing data or information
information respecting referred to in par. No. 1
the national defense of 117 which he had in
with intent, or there is his possession by
reason to believe that reason of the public
information is to be office he holds.
used to the injury of the INCITING TO WAR
Republic of the OR GIVING
Philippines or to the
MOTIVES FOR
advantage of any
REPRISAL (ART.
foreign nation.
118)
WHAT ARE THE TWO
WHAT ARE THE
MODES OF
ELEMENTS OF THE
COMMITTING
CRIME OF INCITING
ESPIONAGE?
TO WAR OR GIVING
First mode: By MOTIVES FOR
entering, without REPRISAL?
authority, a warship,
fort or military or naval 1. Offender
establishments or performs unlawful
reservation to obtain or unauthorized
any information, plans acts
or other data of
2. Such acts
confidential nature
provoke or give
relative to the defense
occasion for a war
of the Philippines.
involving or liable
Second mode: By to involve the
disclosing to the Philippines or
representative of a expose the Filipino
foreign nation the citizens to reprisals
contents of the articles
17 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 on their persons 2. A regulation is
and property issued by a
WHAT IS REPRISAL? competent
authority to
Reprisal is any kind of enforce neutrality
forcible or coercive 3. Offender
measure whereby one
violates such
State seeks to exercise
regulation.
a deterrent effect or to
obtain redress or
satisfaction, directly or CORRESPONDENCE
indirectly, for WITH HOSTILE
consequences of the COUNTRY (ART.120)
illegal acts of another WHAT ARE THE
State which has ELEMENTS OF THE
refused to make
CRIME OF
amends for such illegal
CORRESPONDENCE
conduct.
WITH HOSTILE
VIOLATION OF COUNTRY?
NEUTRALITY (ART.
1. There is war in
119)
which the Philippines is
WHAT ARE THE involved 2. Offender
ELEMENTS OF THE makes correspondence
CRIME OF with the enemy country
VIOLATION OF or territory occupied by
NEUTRALITY? enemy troops
3. Correspondence is
1. There is a war in
either –
which the
a. Prohibited by the
Philippines is not
Government
involved
18 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
b. Carried on in 1. Existence of war in
ciphers or which the Philippines is
conventional signs involved
c. Containing notice or 2. Offender owes
information which allegiance to the
might be useful to the Philippines 3. Offender
enemy or intended by attempts to flee or go
the offender to aid the to the enemy country
enemy 4. Going to enemy
country is prohibited by
WHAT DOES a
CORRESPONDENCE competent authority
TO HOSTILE
COUNTRY WHO CAN BE HELD
CONTEMPLATE? LIABLE?
The offender may be
It contemplates Filipino citizens or
correspondence to resident aliens because
officials of the enemy Art. 121 contemplates
country, not both permanent and
correspondence with temporary allegiance.
private individuals in An alien resident may
the enemy country. be held guilty for this
FLIGHT TO ENEMY’S crime because he owes
allegiance to the
COUNTRY(ART. 121)
Philippines.
WHAT ARE THE
NOTE: Mere attempt to
ELEMENTS OF THE
flee to enemy country
CRIME OF FLIGHT
when prohibited by
TO ENEMY’S competent
COUNTRY?

19 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon

consummates the vessel on the high seas
felony. or in Philippine waters;
or
NOTE: There must be Second mode: By
prohibition by seizing the whole or
competent authority. If part of the cargo or
there is none, even if equipment of the vessel
one went to an enemy while on the high seas
country, there is no or the personal
crime. belongings of its
PIRACY IN GENERAL complements or
AND MUTINY ON passengers.
THE HIGH SEAS WHAT ARE THE
(ART. 122) ELEMENTS OF THE
WHAT IS PIRACY? CRIME OF PIRACY?
Piracy is robbery or 1. Vessel is on high
depredation in the high seas or in Philippine
seas, without lawful waters 2. Offenders
authority and done with are not members of its
animo furandi (with complement or
intent to steal) and in passengers of the
the spirit and intention vessel,
of universal hostility. 3. Offenders –
a. Attack that vessel,
WHAT ARE THE or
MODES OF b. Seize the whole or
COMMITTING part of the cargo of
PIRACY? said vessel, its
equipment or personal
First mode: By belongings of its
attacking or seizing a
20 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 complement or 1. Seizure of the
passengers. vessel by boarding
or firing upon the
same
WHAT IS MUTINY? 2. Abandonment of
It is the unlawful the victims without
resistance to a superior any means of saving
officer or the raising of themselves
commotions and 3. When the crime
disturbances on board is accompanied by
a ship against the murder, homicide,
authority of its physical injuries or
commander. rape.

ANTI-PIRACY AND
ANTI-HIGHWAY
ROBBERY LAW (P.D.
532)
WHAT IS PIRACY
Piracy is any attack
upon or seizure of any
QUALIFIED PIRACY vessel or the taking
(ART. 123) away of the whole or
part thereof or its
WHEN MAY PIRACY
cargo, equipment or
BE CONSIDERED AS
the personal
QUALIFIED PIRACY?
belongings of its
If any of the following complement or
accompanies the crime passengers,
of piracy: irrespective of the
value thereof, by means
21 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
of violence against or upon things or other
intimidation of persons unlawful means,
or force upon things committed by any
committed by any person on any
person including a Philippine Highway.
passenger or member ANTI-HIJACKING
of the complement of LAW (P.D. 6235)
said vessel, in
Philippine waters, shall WHAT ARE THE
be considered as PUNISHABLE ACTS
piracy. The offenders UNDER PD 6235?
shall be considered as
pirates and punished as 1. Usurping or seizing
hereinafter provided. control of an aircraft of
Philippine registry
while it is in flight,
WHAT IS compelling the pilots
HIGHWAY thereof to change the
ROBBERY OR course or destination of
BRIGANDAGE? the aircraft.
2. Usurping or seizing
Highway
control of an aircraft of
Robbery/Brigandage is
foreign registry while
the seizure of any
within Philippine
person for ransom,
territory, compelling
extortion or other
the pilots thereof to
unlawful purposes or
land in any part of the
the taking away of the
Philippine territory.
property of another by
3. Carrying or loading
means of violence
on board an aircraft
against or intimidation
operating as a public
of persons or force
utility passenger
22 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 aircraft in the IN FLIGHT - An aircraft
Philippines, any is considered in flight
flammable, corrosive, from the moment all
explosive, or poisonous exterior doors are
substances. closed following the
4. Loading, shipping embarkation until such
or transporting on time when the same
board a cargo aircraft doors are again opened
operating as a public for disembarkation.
utility in the
Philippines, any
flammable, corrosive,
explosive, or poisonous
substance if this was
done in accordance
with the rules and
regulations set and HUMAN SECURITY
promulgated by the Air ACT OF 2007 (R.A.
Transportation Office 9372)
on this matter. WHAT ARE THE
PUNISHABLE ACTS
NOTE: May only be OF TERRORISM?
committed when the
aircraft is in flight. Any person who
(aircraft is of Philippine commits an act
Registry) punishable under any
of the following
NOTE: Aircrafts of provisions of the:
foreign registry are
considered in transit 1. RPC
while they are in a.Piracy in General and
foreign countries. Mutiny in the High
Seas or in the
23 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 Philippine Waters e. Anti‐Piracy and
(Art.122) Anti‐Highway Robbery
b. Rebellion or Law of
Insurrection (Art. 1974 (P.D. 532) and
134) f. Decree Codifying the
c.Coup d'etat, including Laws on Illegal and
acts committed by Unlawful
private person Possession,
(Art.134‐a) Manufacture, Dealing
d. Murder (Art.248) In, Acquisition or
e.Kidnapping and Disposition of
Serious Illegal Firearms, Ammunitions
Detention or
(Art.267) Explosives (P.D. 1866
f. Crimes Involving as amended)
Destruction (Art.324)
2. Special Penal NOTE: Acts must:
Laws: 1. Sow and create
a. The Law on Arson a condition of
(P.D.1613) widespread and
b. Toxic Substances extraordinary fear
and Hazardous and and panic among
Nuclear the
Waste Control Act of populace;
1990 (R.A.6969)
c. Atomic Energy 2. Coerce the
Regulatory and government to give
Liability Act of in to an unlawful
1968 (R.A.5207) demand
d. Anti‐Hijacking Law
(R.A.6235) CRIMES AGAINST
THE
24 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 FUNDAMENTAL also be liable under
LAWS OF THE this title as when a
STATE private person
ART 124 – 133 OF conspires with a public
THE RPC officer. What is
required is that the
Crimes under this title principal offender must
are those which violate be a public officer.
the Bill of Rights Thus, if a private
accorded to the citizens person conspires with a
under the Constitution. public officer, or
Under this title, the becomes an accessory
offenders are public or accomplice, the
officers, except as to private person also
the last crime – becomes liable for the
offending the religious same crime. But a
feelings under Article private person acting
133, which refers to alone cannot commit
any person. The public the crimes under
officers who may be Article 124 to 132 of
held liable are only this title.
those acting under
WHAT ARE THE
supposed exercise of
CRIMES AGAINST
official functions, albeit
THE FUNDAMENTAL
illegally.
LAWS OF THE
In its counterpart in STATE?
Title IX (Crimes
Against Personal 1. Arbitrary detention
Liberty and Security), (Art. 124)
the offenders are 2. Delay in the
private persons. But delivery of detained
private persons may persons to the proper
25 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 judicial authorities CRIME OF
(Art. 125) ARBITRARY
3. Delaying release DETENTION?
(Art. 126)
4. Expulsion (Art. 127) 1. Offender is a public
5. Violation of domicile officer or employee;
(Art. 128) 2. He detains a
6. Search warrants person;
maliciously obtained 3. The detention is
and abuse in the without legal grounds.
service of those legally WHAT DOES
obtained (Art. 129) 7.
WITHOUT LEGAL
Searching domicile
GROUNDS MEAN?
without witnesses
(Art. 130) 8. 1. No crime was
Prohibition, committed by the
interruption, and detained; 2. There is
dissolution of peaceful no violent insanity of
meetings (Art. 131) the detained person;
9. Interruption of and
religious worship 3. The person detained
(Art. 132) and has no ailment which
10. Offending the requires compulsory
religious feelings (Art. confinement in a
133) hospital.
ARBITRARY WHAT ARE THE
DETENTION LEGAL GROUNDS
(ART.124) FOR THE
DETENTION OF
WHAT ARE THE
PERSONS?
ELEMENTS OF THE
26 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
1. Commission of a ARBITRARY
crime DETENTION?
2.Violent insanity or
other ailment requiring 1. Detaining a person
compulsory without legal ground
confinement of the 2. Delay in the delivery
patient in a hospital 3. of detained persons to
When the person to be the proper authorities
arrested is an escaping 3. Delaying release
prisoner WHEN IS A PERSON
NOTE: When the peace CONSIDERED IN
officers acted in good DETENTION?
faith even if the 3
A person is detained
grounds mentioned
when he is placed in
above are not
confinement or there is
obtaining, there is no
restraint on his person.
arbitrary detention.
CAN THERE BE
DISTINCTIONS
ARBITRARY
BETWEEN
ARBITRARY DETENTION EVEN IF
DETENTION AND VICTIMS WERE NOT
ILLEGAL KEPT IN AN
DETENTION ENCLOSURE?

A: Yes. The prevailing

jurisprudence on
kidnapping and illegal
detention is that the
curtailment of the
WHAT ARE THE victim’s liberty need
CLASSES OF not involve any physical
27 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
restraint upon the
victim’s person. If the
acts and actuations of
the accused can
produce such fear in
the mind of the victim
sufficient to paralyze
the latter, to the extent DETENTION AND
that the victim is UNLAWFUL ARREST
compelled to limit his DELAY IN THE
own actions and DELIVERY OF
movements in DETAINED PERSONS
accordance with the TO THE PROPER
wishes of the accused, JUDICIAL
then the victim is, for AUTHORITY (ART.
all intent and purposes,
125)
detained against his
will. This is a form of
(Benito Astorga v. arbitrary detention. At
People, G.R. No. the beginning, the
154130, Oct. 1, 2003) detention is legal since
it is in the pursuance of
DISTINCTIONS a lawful arrest.
BETWEEN However, the detention
ILLEGAL becomes arbitrary
when the period
thereof exceeds 12, 18
or 36 hours, as the case
may be, depending on
whether the crime is
punished by light,
correctional or
28 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
afflictive penalty or here is an arrest
their equivalent. without a warrant.
The period of detention WHAT ARE THE
is 12 hours for light ELEMENTS OF THE
offenses, 18 hours for CRIME OF DELAY IN
correctional offences THE DELIVERY OF
and 36 hours for DETAINED PERSONS
afflictive offences, TO THE PROPER
where the accused may JUDICIAL
be detained without AUTHORITIES?
formal charge. But he
must cause a formal 1. Offender is a public
charge or application to officer or employee;
be filed with the proper 2. He detains a person
court before 12, 18 or for some legal ground;
36 hours lapse. 3. He fails to deliver
Otherwise he has to such person to the
release the person proper judicial
arrested. authorities within –
a. 12 hour for light
Note that the period penalties;
stated herein does not
b. 18 hours for
include the nighttime.
correctional penalties;
It is to be counted only
and
when the prosecutor’s
c. 36 hours for
office is ready to
afflictive or capital
receive the complaint
penalties.
or information.
This article does not NOTE: Delivery of the
apply if the arrest is arrested person to the
with a warrant. The proper authorities does
situation contemplated not mean physical
29 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
delivery or turn over of release of the prisoner
arrested person to the or detention prisoner,
court. It simply means or that there is a
putting the arrested proceeding upon a
person under the petition for the
jurisdiction of the liberation of such
court. This is done by person
filing the necessary 3. Offender without
complaint or good reason delays:
information against the a. Service of notice of
person arrested in such order to the
court within the period prisoner, or
specified in Article 125. b. Performance of
The purpose of this is such judicial or
for the court to executive order for the
determine whether the release of the
offense is bailable or prisoner, or
not and if bailable, to c. Proceedings upon a
allow him the right to petition for the release
bail. of such person.
DELAYING RELEASE NOTE: Prisoner can
(ART. 126) either be detention
prisoners or prisoners
WHAT ARE THE by final judgment.
ELEMENTS OF
DELAYING WHAT ARE THE
RELEASE? PUNISHABLE ACTS
1. Offender is a public UNDER ART. 126 OF
officer or employee 2. THE RPC?
There is a judicial
executive order for the 1. Delaying the
performance of judicial
30 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 or executive order for WHAT ARE THE
the release of a PUNISHABLE ACTS
prisoner UNDER ART. 127 OF
2. Unduly delaying the THE RPC?
service of the notice of
such order to said 1. Expelling a person
prisoner from the Philippines;
3. Unduly delaying the 2. Compelling a
proceedings upon any person to change his
petition for the residence.
liberation of such
NOTE: The essence of
person.
this crime is coercion
EXPULSION (ART. but the specific crime is
127) “expulsion” when
committed by a public
WHAT ARE THE officer. If committed by
ELEMENTS OF a private person, the
EXPULSION? crime is grave
coercion.
1. Offender is a
public officer or VIOLATION OF
employee 2. He DOMICILE (128)
either:
WHAT ARE THE
a. Expels any person
from the Philippines ACTS PUNISHED
b. Compels a person to UNDER ART. 128 OF
change residence THE RPC?
3. Offender is not 1. Entering any
authorized to do so by dwelling against the
law will of the owner
thereof;
31 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
2. Searching papers or liable for violation of
other effects found domicile.
therein without the (2) Public officer who
previous consent of enters with consent
such owner; or 3. searches for paper and
Refusing to leave the effects without the
premises, after having consent of the owner.
surreptitiously entered Even if he is welcome
said dwelling and after in the dwelling, it does
having been required not mean he has
to leave the same. permission to search.
(3) Refusing to leave
There are three ways premises after
of committing the surreptitious entry and
violation of Article being told to leave the
128: same. The act punished
is not the entry but the
(1) By simply entering
refusal to leave. If the
the dwelling of another
offender upon being
if such entering is done
directed to eave,
against the will of the
followed and left, there
occupant. In the plain
is no crime of violation
view doctrine, public
of domicile. Entry must
officer should be legally
be done surreptitiously;
entitled to be in the
without this, crime may
place where the effects
be unjust vexation. But
were found. If he
if entering was done
entered the place
against the will of the
illegally and he saw the
occupant of the house,
effects, doctrine
meaning there was
inapplicable; thus, he is
express or implied
prohibition from
32 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
entering the same,
even if the occupant HOW IS THE CRIME
does not direct him to OF VIOLATION OF
leave, the crime of is DOMICILE
already committed COMMITTED?
because it would fall in
Violation of domicile is
number 1.
committed by a public
COMMON officer authorized to
ELEMENTS implement a search
warrant or warrant of
1. Offender is a public arrest but at the time
officer or employee 2. of incident, he is not
He is not authorized by armed with warrant.
judicial order to enter
the dwelling or to make WHAT IS THE
a search therein for MEANING OF
papers or other effects. AGAINST THE WILL
OF THE OWNER?
CIRCUMSTANCES
QUALIFYING It presupposes
THE opposition or
OFFENSE prohibition by the
owner, whether express
1. If committed at or implied, and not
nighttime; or merely the absence of
2. If any papers or consent.
effects not
constituting evidence NOTE: If the
of a crime are not surreptitious entry had
returned immediately been made through an
after the search made opening not intended to
by offender. that purpose, the
33 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
offender would be 2. Exceeding his
liable under the first authority or by using
mode since it is entry unnecessary severity in
over the implied executing a search
objection of the warrant legally
inhabitant. procured
Elements
SEARCH WARRANTS :
MALICIOUSLY a. That the offender is
OBTAINED AND a public officer or
ABUSE IN THE employee
SERVICE OF THOSE b. That he has legally
LEGALLY OBTAINED procured a search
(ART. warrant
129) c. That he exceeds his
authority or uses
WHAT ARE THE
unnecessary severity
ACTS PUNISHABLE
in executing the same
UNDER ART. 129
AND THEIR SEARCHING
ELEMENTS? DOMICILE
WITHOUT
1. Procuring a search
WITNESSES (ART.
warrant without just
130)
cause. Elements:
a. That the offender is WHAT ARE THE
a public officer or ELEMENTS OF THE
employee CRIME OF
b. That he procures a SEARCHING
search warrant DOMICILE WITHOUT
c. That there is no just WITNESSES?
cause
34 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
1. Offender is a public 3. When the public
officer or employee officer employs
2. He is armed with unnecessary or
search warrant legally excessive severity in
procured 3.He the implementation of
searches the domicile, the search warrant
papers or other 4. Owner of dwelling
belongings of any or any member of the
person family was absent, or
4.Owner or any two witnesses residing
member of his family, within the same
or two witnesses locality were not
residing in the same present during the
locality are not present. search
NOTE: In crimes under DISTINCTION
Art. 129 and 130, the BETWEEN ART. 128,
search is made by ART.
virtue of a valid 129 AND ART. 130
warrant, but the
warrant
notwithstanding, the
liability for the crime is
still incurred through PROHIBITION,
the following INTERRUPTION
situations: AND DISSOLUTION
1. Search warrant was OF PEACEFUL
irregularly obtained 2. MEETINGS (ART.
The officer exceeded 131)
his authority under the
warrant WHAR ARE THE
PUNISHABLE ACTS
35 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
 UNDER ART. 131? NOTE: To be held liable
under Art. 131, the
1. Prohibiting or offender must not be a
interrupting, without participant of the
legal ground, the meeting that was
holding of a peaceful interrupted and
meeting, or by dissolved. If the
dissolving the same offender is a
2. Hindering any participant the crime is
person from joining any unjust vexation.
lawful association or
from attending any of INTERRUPTION
its meetings OF RELIGIOUS
3.Prohibiting or WORSHIP (ART. 132)
hindering any person
from addressing, either WHAT ARE THE
alone or together with ELEMENTS OF THE
others, any petition to CRIME OF
the authorities for INTERRUPTION OF
correction of abuses or RELIGIOUS
redress of grievances. WORSHIP?
WHAR ARE THE 1. Offender is a public
COMMON officer or employee 2.
ELEMENTS? Religious ceremonies
or manifestations of
1. Offender is a public any religious are about
officer to take place or are
2. He performs any of going on
the acts mentioned 3. Offender prevents or
above disturbs the same

36 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon

 NOTE: Religious Acts must be
worship includes notoriously offensive to
people in the act of the feelings of the
performing religious faithful.
rites for religious
ceremony or NOTE: Art. 133 is the
manifestation of only crime against the
religion. E.g. mass, fundamental law of the
baptism and marriage State that may be
ceremony. committed not only by
public officer but also
OFFENDING THE by a private person.
RELIGIOUS
FEELINGS (ART.133) WHAT ARE THE
RELIGIOUS
WHAT ARE THE CEREMONIES
ELEMENTS OF THE COVERED BY ART.
CRIME OF 132 AND
OFFENDING THE 133?
RELIGIOUS
FEELINGS? Religious ceremonies
covered are those
1. Acts complained of religious acts
were performed: performed outside of a
a. In a place devoted church, such as
to religious worship procession and special
(not necessary that prayers for burying
there is religious person.
worship)
NOTE: If committed in
b. During the
a place devoted to
celebration of any
religious purpose,
religious ceremony 2.
37 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon
there is no need for an
ongoing ceremony.

38 |LECTURE NOTES ON CRIMINAL LAW II UCU- CCJE by attyjpgcalongcagon