RA 9372 Sec. 3 – Some of the offenses under title 1 Very strange penalty. Why?

Because the indeterminate sentence

law does not apply.
Lists down how terrorism is committed

Performing any of the acts that constitute the following

felonies: When 2 or more people agree to commit the felony subject of the
conspiracy. Any number of felonies. And what constitutes terrorism is the
1. Piracy
result. It’s a bit difficult to see how one can be punished for conpisracy to
2. Rebellion
commit terrorism
3. Coup d’etat
4. Murder RA 7087 (Plunder) – Special law that requires criminal intent.
5. Kidnapping
Which intent? To commit the felony or the intent to create widespread fear
6. Hijacking
and panic?
7. Illegal possession
Hijacking/etc – ask yourself if it is an ordinary penalty
Widespread fear and panic in order to coerce the government
Penalty is not taken from the revised penal code; accomplice one degree
Difference between terrorism under human security act? If
lower
there’s not widespread fear and panic and there’s no demand then
it is not terrorism, it is merely a felony Penalty for principal is 40 years. Specific penalty for principal is 17
years, 4 months, 1 day (10y 1 d to 12?) – sounds like the maximum period of
reclusion temporal.
It is a very strange law. We have to discuss it even though it will be
Treason: Filipino and foreign resident
amended very soon
Someone who levies war against the government or adheres…may
While Section 3 is very broad and vague, at least it is dependent on felonies
commit treason out of the Philippines.
as defined.
Treason is punishable by death.
Why good? Principle of legality. Not defined in the RPC therefore is
not a felony. Foreigner in the Philippines – temporary allegiance to the Philippines

Espionage by culpa – yes, possible. If there was no intent

Widespread and extraordinary fear and panic – how extraordinary it should
be
To coerce government to give in to an unlawful demand
Penalty for terrorism section 3 – 40 years of imprisonment without benefit
of parole
What is punished? Disclosure of information that is confidential,
relevant to defense of the Philippines, which the person has in his
possession by reason of public office. Not authorized to disclose it to a
representative of a foreign nation.
By representative of a foreign nation…what does that mean?
It can happen anytime. Not just during a time of war. Does
this mean a foreigner?
What is meant by a representative of a foreign nation? Must he know? Can espionage be committed or punished/prosecuted
What if he just knows that he is a foreigner? separately if the act of treason is also the act of espionage?

IS espionage committed just because a person on the other end is a IS that espionage or treason? Or both?
foreigner?
Is there treason committed? Yes
That person must be a representative of his or her nation
There’s aid and comfort to the enemy
If disclosure is made whether intentionally or what…
Is there also espionage? Yes
Penalty next higher in degree shall be imposed if the offender is a public
Can they be punished separately? Yes
officer or employee. Why is that strange? Because 117 no. 2 requires that
public office is an element of the offense. Double jeopardy? Is the offense necessarily included in the other? IF
the charge varies from the offense proved, what is the offense that should
Take note of Article 62 1(a) – effect of taking advantage of a public office –
be appreciated by the court? It is always the lesser offense that is
maximum of a penalty provided in law
necessarily included in the offense charged.
Different…penalty one degree higher is imposed
e.g. homicide and murder – necessarily included
How is espionage different from treason?
but w/ espionage and treason?? Is espionage necessarily included in
Time of war ang treason treason? No. because the elements are different. Espionage can be
committed even outside time of war.
Espionage you don’t need a time of war
Elements of espionage do not necessarily result in treason.
Treason 2 witness rule

Espionage, no need for 2 witness rule

Hijacking v. piracy – type of vessel. Aircraft v. seacraft
Adherence giving aid or comfort. Shared
125 – Rule 112 – warrantless arrest so there’s no preliminary investigation.
No enemy as it were
Only an inquest. Legality of the arrest.
Treason – there must be a formal declaration of war
125 gives 3 time frames before the felony is committed
What if the offender simply wore the uniform of the enemy? IS that
That’s why there’s a separate law on inquest. There are 3 times periods in
treason? As opposed to the uniform of the Philippines?
125. 12 hours/18 hours/36 hours if afflictive
If it can be shown that that is an act of adherence that gives aid or
What must happen within those 3 time periods? The person must
comfort to the enemy then that is an act of treason.
be charged
Adherence must give aid/comfort
If the person who is arrested wants a preliminary investigation…
Giving of information during a time of war – act of treason? Of
Will not hold for charging me
course especially if the information is relevant to espionage.
I requested a full-blown preliminary investigation

125 – felony starts when the time frame lapses.

If a person is arrested for killing another person

36 hours – preliminary investigation

He can post bail w/in this period

Your bar chair used to teach criminal procedure so expect a lot of questions
on 125.

Expel – your force a person to depart from the Philippines

What is the only situation

Mario Crespo? Extradition

Outside of extradition, you cannot expel

Fruits/means/subject of the offense/mala prohibita

If it is prohibited then you can seize it

It isn’t technically a search. Plain view.

Still see stonehill v. Diokno

Look for carpio’s case

The effect must be the faithful are offended

Notoriously offensive to the feelings of the faithful

Proof of notorious offense

It should be glaring

It should be patent

It should be clear

No need to interpret it