Republic of the Philippines

City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

(CLJ 4) 101 – ENABLING ASSIGNMENT

A Term Paper Presented To

Prof. Milagrosa Arante-Beato

In Partial Fulfillment of the Course Requirements

In Criminal Law (Book 2) – CLJ 4

Submitted By:

Arbie P. Ano

BSCRIM D – 2021

JANUARY 2023
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

I. FORM A MATRIX EMPHASIZING ALL THE CRIMES AGAINST

NATIONAL SECURITY.
Art. 114. Treason
Art. 115. Conspiracy and
proposal to commit treason;
Penalty
Art. 116. Misprision of treason.
Any person who, owing allegiance
to (the United States or) 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 Islands or elsewhere,
shall be punished by reclusion
temporal to death and shall pay a
fine not to exceed P20,000 pesos.
The conspiracy 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 and a fine not
exceeding P5,000 Pesos.
Every person owing allegiance to
(the United States) the
Government of the Philippine
Islands, without being a foreigner,
and 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 province, or the mayor or
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

fiscal of the city in which he

resides, as the case may be, shall
be punished as an accessory to
the crime of treason.c
The penalty of prision
correccional shall be inflicted
upon any person who:

1. Without authority
therefor, enters a warship,
fort, or naval or military
establishment or
reservation to obtain any
information, plans,
photographs, or other data
of a confidential nature
relative to the defense of
the Philippine Archipelago;
or
Art. 117. Espionage
2. Being in possession, by
reason of the public office
he holds, of the articles,
data, or information referred
to in the preceding
paragraph, discloses their
contents to a representative
of a foreign nation.

The penalty next higher in degree

shall be imposed if the offender be
a public officer or employee.

II. FORM A MATRIX DESCRIBING THE CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE.
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice
Taguig City University
Art. 124. Arbitrary detention.
Art. 125. Delay in the delivery
of detained persons to the
proper judicial authorities.
Any public officer or employee
who, without legal grounds,
detains a person, shall suffer;
1. The penalty of arresto
mayor in its maximum period
to prision correccional in its
minimum period, if the
detention has not exceeded
three days;
2. The penalty of prision
correccional in its medium
and maximum periods, if the
detention has continued
more than three but not
more than fifteen days;
3. The penalty of prision
mayor, if the detention has
continued for more than
fifteen days but not more
than six months; and
4. That of reclusion
temporal, if the detention
shall have exceeded six
months. ch anrob les virt u al law lib rary
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
grounds for the detention of any
person.
The penalties provided in the next
preceding article shall be imposed
upon the public officer or employee
who shall detain any person for
some legal ground and shall fail to
deliver such person to the proper
judicial authorities within the period
of; twelve (12) hours, for crimes or
offenses punishable by light
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice
Taguig City University
Art. 126. Delaying release.
Art. 127. Expulsion
penalties, or their equivalent;
eighteen (18) hours, for crimes or
offenses punishable by correctional
penalties, or their equivalent and
thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or
capital penalties, or their
equivalent. chan robles virtual
ch an rob les virt u al l aw lib rary
law library
In every case, the person detained
shall be informed of the cause of his
detention and shall be allowed upon
his request, to communicate and
confer at any time with his attorney
or counsel. (As amended by E.O.
Nos. 59 and 272, Nov. 7, 1986 and
July 25, 1987, respectively).
The penalties provided for in Article
124 shall be imposed upon any
public officer or employee who
delays for the period of time
specified therein the performance of
any judicial or executive order for
the release of a prisoner or
detention prisoner, or unduly delays
the service of the notice of such
order to said prisoner or the
proceedings upon any petition for
the liberation of such person. ch an rob les virt u al law lib rary
The penalty of prision correccional
shall be imposed upon any public
officer or employee who, not being
thereunto authorized by law, shall
expel any person from the
Philippine Islands or shall compel
such person to change his
residence.
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

III. CONCEPTS OF THESE CRIMES WITH THEIR DISTINCTION

CRIMES AGAINST CRIMES AGAINST THE

NATIONAL FUNDAMENTAL LAWS DISTINCTION
SECURITY OF THE STATE
Art . 114 Treason Art. 124. Arbitrary Crimes Against National
detention. Security:
Any Filipino citizen who Any public officer or Focus on External
levies war against the employee who, without Threats:
Philippines or adheres legal grounds, detains a
to her enemies, giving person, shall suffer;1. Crimes against national
them aid or comfort The penalty of arresto security often involve
within the Philippines mayor in its maximum actions that pose a threat
or elsewhere, shall be period to prision to the external security
punished by reclusion correccional in its and interests of a nation.
perpetua to death and minimum period, if the
shall pay a fine not to detention has not They often involve
exceed Four million exceeded three days;2. activities that can be
pesos (₱4,000,000).No The penalty of prision considered harmful to the
person shall be correccional in its nation's standing in the
convicted of treason medium and maximum international community.
unless on the periods, if the detention
testimony of two (2) has continued more than While, Crimes Against
witnesses at least to three but not more than the Fundamental Laws
the same overt act or fifteen days;3. The of the State:
on confession of the penalty of prision mayor,
accused in open if the detention has focus on Legal Order:
court.Likewise, an continued for more than
• Crimes against the
alien, residing in the fifteen days but not more
fundamental laws
Philippines, who than six months; and4.
of the state are
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

commits act of treason That of reclusion centered around

as defined in temporal, if the detention violations of the
paragraph 1 of this shall have exceeded six legal order and
article shall be months. The commission constitutional
punished by reclusion of a crime, or violent framework of a
temporal to death and insanity or any other country.
shall pay a fine not to ailment requiring the • This category
exceed Four million compulsory confinement includes offenses
pesos (₱4,000,000). of the patient in a that challenge the
(Act No. 3815, Revised hospital, shall be basic principles and
Penal Code, as considered legal laws that govern
amended by R.A. grounds for the detention the functioning of
10951) of any person. (Act No. the state.
3815, Revised Penal
Code) Constitutional
Violations:

• Offenses
may include
acts that
infringe upon
constitutional
rights,
undermine
the rule of
law, or
challenge
the
fundamental
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

structure of
the state.
• Examples
may involve
sedition,
rebellion, or
other actions
aimed at
destabilizing
the legal and
constitutional
order.

Internal Threats:

• Unlike
crimes
against
national
security,
these
offenses
often involve
internal
threats to the
stability and
order within
the country.
• Activities
that seek to
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

subvert the
constitutional
order or
disrupt the
functioning
of state
institutions
may fall
under this
category.
Art. 115 Conspiracy Art. 125. Delay in the
and proposal to delivery of detained
commit treason; persons to the proper
Penalty.- judicial authorities.-
Conspiracy and The penalties provided
proposal to commit in the next preceding
treason; Penalty - The article shall be imposed
conspiracy or proposal upon the public officer or
to commit the crime of employee who shall
treason shall be detain any person for
punished respectively, some legal ground and
by prisión mayor and a shall fail to deliver such
fine not exceeding Two person to the proper
million pesos judicial authorities within
(₱2,000,000), and the period of; twelve (12)
prisión correccional hours, for crimes or
and a fire not offenses punishable by
exceeding One million light penalties, or their
pesos (₱1,000.000). equivalent; eighteen (18)
(Act No. 3815, Revised hours, for crimes or
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

Penal Code, as offenses punishable by

amended by R.A. correctional penalties, or
10951) 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
be allowed upon his
request, to communicate
and confer at any time
with his attorney or
counsel. (Act No. 3815,
Revised Penal Code)
Art. 116. Misprision of Art. 126. Delaying
treason release.

Every person owing The penalties provided

allegiance to (the for in Article 124 shall be

United States) the imposed upon any public

Government of the officer or employee who
Philippine Islands, delays for the period of
without being a time specified therein the
foreigner, and having performance of any

knowledge of any judicial or executive

conspiracy against order for the release of a
them, conceals or does prisoner or detention
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

not disclose and make prisoner, or unduly

known the same, as delays the service of the
soon as possible to the notice of such order to
governor or fiscal of the said prisoner or the
province, or the mayor proceedings upon any
or fiscal of the city in petition for the liberation
which he resides, as of such person. (Act No.
the case may be, shall 3815, Revised Penal
be punished as an Code.
accessory to the crime
of treason. (Act No. 2 modes of committing
3815, Revised Penal the offense:
Code)
1) Delay for the release
of a prisoner or detention
prisoner; and

2) Unduly delays in the

service of the notice.

a. Delay for the release

Art. 117. Espionage.
The penalty of prision
correccional shall be
inflicted upon any
person who:1. Without
authority therefor,
enters a warship, fort,
of a prisoner or detention
prisoner
Art. 127. Expulsion
The penalty of prision
correccional shall be
imposed upon any public
officer or employee who,
not being thereunto
authorized by law, shall
 Republic of the Philippines
City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City
College of Criminal Justice

Taguig City University

or naval or military expel any person from

establishment or the Philippine Islands or
reservation to obtain shall compel such
any information, plans, person to change his
photographs, or other residence. (Act No.
data of a confidential 3815, Revised Penal
nature relative to the Code)
defense of the
Philippine Archipelago;
or2. Being in
possession, by reason
of the public office he
holds, of the articles,
data, or information
referred to in the
preceding paragraph,
discloses their contents
to a representative of a
foreign nation. The
penalty next higher in
degree shall be
imposed if the offender
be a public officer or
employee. (Act No.
3815, Revised Penal
Code)