HERMOSO H R.

REVISED PENAL CODE BOOK 2 1. That the offender must be owing allegiance to the
government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit
TITLE 1 – CRIME AGAINST NATIONAL SECURITY and treason) against the government
LAWS of NATION 3. That he conceals or does not disclose and make known
https://lawphilreviewer.wordpress.com/2012/01/25/criminal-law- the same as soon as possible to the governor or fiscal of
book-2-title-one/ the province or the mayor or fiscal of the city in which
he resides
https://www.youtube.com/watch?v=B65C9ePe3SE
Note;
- Crime does not apply if the crime of treason is already
committed (no criminal liability unless it is not
CRIME AGAINST NATIONAL SECURITY
committed and you did not disclose the info to
ARTICLE 114 – TREASON authority)
- Betraying one’s country - Crime of omission (it is your responsibility to tell it)
- Breach of allegiance(katapatan) to the government - Committed only by fil citizen (not like Treason)
- committed by a person who owes allegiance to it, (Fil
or Alien) ARTICLE 117 – ESPIONAGE
- War Crime, (N vs. N)
Elements; 1. Any person entering, without authority to, warship,
1. Offender is a Fil citizen or an alien. fort, or naval or military establishments or
2. There’s war in and the Philippines is involved reservations to obtain any information, plans,
3. Offender either; photographs, or other data of a confidential nature
a. Levies war against the govt.(umalsa) relative to the defense of the Philippines.
b. Adheres to enemies, giving aid or comfort. Elements;
Ways of proving treason: 2 witnesses testifying to same overt
act 2. Disclosing by a public officer of confidential
Example: X saw arms landed in La Union and loaded into a information to a foreign representative
motor vehicle. At this stage, not sufficient to convict yet. Y later
Note;
saw the arms unloaded in a warehouse. Will X + Y be sufficient
witnesses to convict? - Committed during wartime and peacetime
Answer: NO. Because the law requires that 2 witnesses see the - Wiretapping is not espionage if the purpose is not
SAME OVERT ACT. connected to the defense

ARTICLE 115 – CONSPIRACY TO COMMIT TREASON _________________________________________

Elements; (Conspiracy) CRIMES AGAINST LAWS of NATIONS
1. In time of war
2. 2 or more persons come to an agreement to ARTICLE 118 - INCITING TO WAR OR GIVING
a. Levy war against the govt. MOTIVES FOR REPRISALS
b. Adhere to the enemies and give them aid or
Elements;
comfort
3. They decide to commit it. 1. That the offender performs unlawful or unauthorized
Elements; (Proposal) acts
1. In time of war 2. That such acts provoke or give occasion for a war
2. At least 1 person who has decided to levy war against involving or liable to involve the Philippines or expose
the govt, or to adhere to the enemies and to give them Filipino citizens to reprisals on their persons or property
aid or comfort Notes;
3. Proposes its execution to some other person/s - Committed in peacetime
- Intent of the offender is immaterial
ARTICLE 116 – MISPRISION OF TREASON - Offender is any person, higher penalty if public officer
Elements;
Example;

- X burns Chinese flag (provoke), The China ban the
entry of the Filipinos (reprisal).
ARTICLE 119 – VIOLATION OF NEUTRALITY
- Should maintain neutrality during war if not involved.
Elements;
1. That there is war in which the Philippines is not
involved
2. That there is a regulation issued by competent authority
for the purpose of enforcing neutrality
3. That the offender violates such regulation.
Example;
- War in countries 1 and 2, you should have no bias
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE
COUNTRY
- Any person in time of war, shall have
correspondence(communication) with an enemy
country or territory occupied by enemy troops shall be
punished.
Elements:
1. That it is in time of war in which the Philippines is
involved
2. That the offender makes correspondence with an enemy
country or territory occupied by enemy troops.
3. That the correspondence is either –
a. prohibited by the government,(even love letter
basta pinag-bawal ng govt) or
b. carried on in ciphers or conventional signs, or
c. containing notice or information which might
be useful to the enemy.
ARTICLE 121 - FLIGHT TO ENEMY’S COUNTRY
- Any person who during war, owing allegiance to
country, attempts to flee or actually go to an enemy
country WHEN prohibited by competent authority.
Elements
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be
owing allegiance to the government
3. That the offender attempts to flee or go to enemy
country
4. That going to enemy country is prohibited by
competent authority
a. Mere attempt consummates the crime
b. There must be a prohibition. If none, even if
went to enemy country – no violation
HERMOSO H R.
c. Alien resident may be guilty here.
ARTICLE 122- PIRACY
Piracy - Robbery or forcible degradation on the high seas,
without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility.
- Outsider ang nag commit
2 ways of committing piracy
- By attacking or seizing a vessel on the high seas or in
the Philippine waters (PD 532)
- By seizing the whole or part of the cargo of said
vehicles, its equipment or personal belongings of its
complement or passengers.
Elements;
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement
or passengers of the vessel
3. That the offenders –
a. attack or seize that vessel or (hence, if committed by
crew or passengers, the crime is not piracy but robbery
in the high seas)
b. seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers.
Jurisdiction;
- NO territorial limits. Pirates are hostes humani generis
(crimes against all mankind).
Mutiny - Unlawful resistance to a superior officer, or the raising
of commotion and disturbances on board a ship against the
authority of its commander
- If you are crew of the ship and you rob it is mutiny.
ARTICLE 123 - QUALIFIED PIRACY (BFAMHPR)
1. Whenever they have seized a vessel by boarding or
firing upon the same
2. Whenever the pirates have abandoned their victims
without means of saving themselves
3. Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape. (the above may
result to qualified mutiny)

TITLE 2 - CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
https://lawphilreviewer.wordpress.com/2012/01/25/criminal-law-
book-2-title-two/\
https://www.youtube.com/watch?v=dr6H1o80rbs
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
ARTICLE 124 - ARBITRARY DETENTION (Kulong)
Elements;
1. Offender is a public officer
2. Detains a person without legal ground
Legal grounds for detention of any person
1. Commission of crime (commit crime)
2. Violent insanity, an ailment requiring compulsory
confinement to the hospital
Note;
- Private individuals who conspire/accessory with a
public officer
- ILLEGAL DETENTION – Committed by private
individual and public officer not vested to arrest.
-Slight Illegal detention – Committed by private
individual. Minor victim
-Serious Illegal detention – More than 3 days detention.
Using his Gov Position.
ARTICLE 125 - DELAY IN THE DELIVERY OF
DETAINED PERSONS TO PROPER JUDICIAL
AUTHORITIES
- Not delivering the person itself but the filing of case.
- COUNTING - Nighttime, Special holiday, not counted.
Elements;
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper
judicial authority within:
-12hrs if crime is light penalties
-18hrs if crime is correctional
-36hrns if crime is afflictive
Note;
- Always release after time frame
HERMOSO H R.
ARTICLE 126 - DELAYING RELEASE
Elements;
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release
of a prisoner
3. That the offender without good reason delays;
a. the service of the notice of such order to the prisoner,
or
b. the performance of such judicial or executive order
for the release of the prisoner, or
c. the proceedings upon a petition for the release of
such person
ARTICLE 127 – EXPULSION
Elements;
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or
compels a person to change his residence
3. That the offender is not authorized to do so by law
2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence
Note;
- If done by private individual, it is not Expulsion, it is
Grave coercion
ARTICLE 128 – VIOLATION OF DOMICILE
- No search warrant
Elements;
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers or
other effects
3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner
thereof
b. searching papers or other effects found therein
without the previous consent of such owner
c. refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same
Note;
- Private individual as offender, Trespass to dwelling as a
crime

ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY
OBTAINED
- Procuring a search warrant without just cause
Elements:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
Example;
X was a respondent of a search warrant for illegal
possession of firearms. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that
place.
ABUSE IN THE SERVICE OF WARRANT
Elements:
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
Example;
a. X owner was handcuffed while searched is goin
b. A tank was used to ram gate to announce search
warrant (sinira)
c. Persons who are not respondents searched the are
ARTICLE 130 - ELEMENTS OF SEARCHING
DOMICILE WITHOUT WITNESSES
Elements;
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other
belongings of any person
4. That the owner, or any member of his family, or two
witnesses residing in the same locality are not present
Notes;
- Witness
- Homeowner
- Member of the family in sufficient age and discretion
- Responsible members of the community
- Warrant must be served DAYTIME, but depends on the
place to be searched.
HERMOSO H R.
ARTICLE 131 - PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
- Prohibiting or interrupting meeting during normal or
peaceful time.
- Interrupt speakers. Even attacking churches.
Elements;
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
- Prohibiting or interrupting, without legal ground the
holding of a peaceful meeting, or dissolving the same
(e.g. denial of permit in arbitrary manner)
- Hindering any person from joining any lawful
association or from attending any of its meetings
- Prohibiting or 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
Note;
- If committed by INDIVIDUAL, crime is
DISTURBANCE OF PUBLIC ORDER
- If the meeting is in public and no permit it can be stop
bay law enforcement.
ARTICLE 132 - INTERRUPTION OF RELIGIOUS
WORSHIP
Elements;
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on
3. That the offender prevents or disturbs the same
ARTICLE 133 - OFFENDING RELIGIOUS FEELINGS
Elements;
1. Performed in a place devoted to religious feelings
2. During the celebration of any religious ceremony
3. That the acts must be notoriously offensive to the
feelings of the faithful.
Notes;
- Act must be directed against religious practice, like
mocking, attempting to damage an object of religious
veneration
- Has deliberate intent to hurt the feeling of the faithful.