Heinous Crimes

Act-No. 7659
AN ACT TO IMPOSE THE DEATH
PENALTY ON CERTAIN HEINOUS
CRIMES, AMENDING FOR THAT
PURPOSE THE REVISED PENAL
LAWS, AND FOR OTHER PURPOSES
LIST OF HEINOUS
CRIMES IN THE
PHILIPPINES
HEINOUS CRIMES
- the crimes punishable by death under
this Act are heinous for being grievous,
odious, and hateful offenses and which, by
reason of their inherent or manifest
wickedness, viciousness, atrocity, and
perversity are repugnant and outrageous to
the common standards and norms of decency
and morality in a just, civilized and ordered
society.
Section 21. Article 27 of the revised Penal Code, as
amended, is hereby amended to read as follows :

Reclusion perpetua - 12+1day to 40years

Reclusion temporal – 12 years+1day to 20 years
Prision mayor and temporary disqualification – 6years+1day
to 12 years, except when the penalty of disqualification is imposed as an
accessory penalty, in which it shall be on that principal penalty.
Prision correctional, suspension and destierro – 6months+1day
to 6years,except when the suspension is imposed as an accessory
penalty, in which, it’s case duration shall be that principal penalty.
Arresto mayor – 1month+1day to 6months
Arresto menor - 1day to 30days
TREASON
• TREASON – Any Filipino citizen who levies war against the Philippines
or adheres to her enemies giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to
death. In other hand, is the crime that covers some of the more extreme
acts against one’s nation or sovereign.
TWO TYPES OF TREASON
• Levying War – It includes any forcible opposition to the execution
of a public law. Such as “forcible opposition” ordinarily requires
actual use of force by multiple people with the common purpose of
preventing some law from being enforced.
• Providing Aid or Comfort to the enemy – Providing aid or comfort
to to the enemy covers a variety of actions, from providing financial
assistance to harboring an enemy soldier.
a. Symphaty Alone
b.Time of War
 ELEMENTS OF TREASON
• the defendant owes allegiance to the government, and
• the defendant intentionally betrays that allegiance by either:
a. Levying war against the government, or
b.Giving aid or comfort to the government’s enemies.

PENALTY OF TREASON
Under the new law, those who committed treason will be punished
with reclusion perpetua and a fine not exceeding P4 million. The
previous fine was pegged at P20,000. Reclusion perpetua involves
imprisonment of 20 to 40 years.
Under the law, an alien residing in the Philippines who commits acts
of treason “shall be punished by reclusion temporal involves
imprisonment of 12 years and 1 day to 20 years.
DESTRUCTIVE
ARSON
 ARSON – Is the criminal act of burning or charring
property on purpose. The act of arson may include such
acts as setting fire to a property maliciously, or burning a
property with the intent to collect insurance money. While
most people consider arson to be the burning of buildings.
It may also be the burning of cars, personal property, and
land.
DESTUCTIVE ARSON – The penalty of reclusion
Perpetua to death shall be imposed upon any personwho
shall burn: 1. One (1) or more buildings or edifices,
consequent to one single act of burning, or as a result of
simultaneous burnings, committed on several or different
occasion.
Destructive Arson if he property burned is any of the following:
Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored.
Any archive, museum, whether public or private, or any edifice devoted to
culture, education or social services.
Any church or place of worship or other building where people usually
assemble.
Any train, airplane or any aircraft or conveyance for transportation of
persons or property.
Any building where evidence is kept for use in any legislative, judicial,
administrative, or other official proceedings.
Any hospital, hotel, dormitory, lodging house, housing tenement, shopping
center, public or private market, theater, or movie house or any similar
place or building.
Any building, whether used as a dwelling, or not situated in a populated in
a popular or congested place.
The difference between Simple and Destructive Arson
The nature of Destructive Arson is distinguished from simple arson by the
degree of perversity of viciousness of the criminal offender. The acts
committed under Art.320 of the Revised Penal Code constituting
Destructive Arson are characterized as heinous crimes “for being
grievous, odious, and hateful offenses and which, by reason of their
inherent or manifest wickedness, viciousness, atrocity, and perversity
are repugnant and outrageous to the common standards and norms
of decency and morality in a just, civilized and ordered society while
the Simple Arson contemplates crimes with a lesser penalty. In
the other hand, Simple Arson contemplates crimes with less
significant social, economic, political, and national security
implications than Destructive Arson.
 DEGREES OF ARSON
• First Degree Arson – an act in which a person sets
fire to an occupied home or building.
• Second Degree Arson – an act in which a person
sets fire to a empty or abandoned structure.
• Third Degree Arson – an act in which a person sets
fire to an abandoned area of space such as a vacant
lot or a field.
ELEMENTS OF ARSON
(1)The malicious, (2)burning, (3)of a dwelling, (4)belonging to another.
• AGGRAVATED ARSON- The primary consideration in classifying
aggravated arson is malicious intent, intent may be caused by financial
distress, anger, and another issues fraught with emotion. Aggravated arson is
the same as First Degree arson in some states and may include the burning of
a building to obtain an insurance settlement, or the setting of a fire to the
purpose of harming another person or to cause fear.
• RECKLESS ARSON – While most people consider arson to be the
intentional setting of fires, reckless behavior that leads to the
destruction of property by fire may also lead to arson charges.
• ACCIDENTAL FIRE – Not all fires fall under the category of arson.
Sometimes fires are started accidentally, even though the person
tried to be careful. In cases such this, it is up to the investigators to
determine whether the fire was accidental or caused by intentional act.
When investigators cannot determine the cause of the fire or it’s origin,
they may regard it as “suspicious” and continue with the investigation.
• ARSON INVESTIGATION – Arson investigation begins when
firefighters are called to the scene of the fire, then follows specific
protocols. Specially trained arson investigators personally review the
scene and physical evidence, and interview witnesses as well as
firefighters regarding their observations at the time of the fire. Some
important considerations in any arson investigation include :
• Color of Flames and Smoke – various substances and accelerants
produce different colors of flames and smoke.
• Alarms and Sprinkles – where alarms and fire suspension sprinkles
located on the property, and whether they were disabled before the fire.
• Speed of the Fire – how rapidly the flames spread may indicate use of
accelerants.
• Suspects at the Fire – whether or not witnesses saw familiar faces at
the scene of the fire.
• Removal of Property – whether valuable or sentimental items were
removed from he property just prior to the fire may indicate intent.
KIDNAPPING WITH
SERIOUS ILLEGAL
DETENTION
Section 2 Art. 267. Kidnapping and Serious Illegal Detention
- Any private individual who shall kidnap or detain another, or in any
other manner deprive him or his liberty, shall suffer the penalty of
reclusion temporal in it’s maximum period to death:
If the kidnapping or detention shall have lasted more than five days.
If it shall have been committed simulating public authority.
If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained, or if threats to kill him shall have been made.
If the person kidnapped or detained shall be a minor, female or a public
officer.

“The penalty shall be reclusion perpetua to death where the

kidnapping or detention was committed for the purpose of
extorting ransom from the victims or any other person, even if
none of the circumstances above mentioned were present in the
commission of the offense.”
Art.27 the penalty for kidnapping and enumerates when the
detention becomes serious:
• To kidnap is to forcibly take a person from he has a right to be (such as
his place of work, residence, rest and recreation, school, street, park, or
public place.)and bring him to another. The taking is always without the
consent of the victim. Kidnapping need not to be followed by detention
as where the talking was only to briefly restrain the victim. It’s usually
for ransom.
• To “detain” is to deprive a person of his liberty or restrict his freedom of
locomotion or movement and not involve a kidnapping. This includes
the following situation:
Lock up or actual physical deprivation of the personal liberty by
confinement in an enclosure.
Immobilizing the victim though he has not been placed in an
enclosure
By placing physical, moral or psychological restraint on his freedom
of locomotion or movement.
The Circumstances which make the detention serious are :

• The kidnapping or detention shall have lasted more than 3

days
• It’s committed by simulating public authority
• If serious physical injuries were inflicted or threats to kill were
made.
• If victim is a minor, female or public officer. In case of minors,
the kidnapper should not be the parents.
BRIBERY
BRIBERY – the receiving or offering any undue reward or any person
whomsoever, whose ordinary profession or business relates to the
administration of public justice, in order to influence his behavior in
office, and to incline him to act to his duty the known rules of honesty
and integrity.

DEFINITION OF PUBLIC OFFICIAL – The revised Penal

Code defines the term “public officer” as any person who, by direct
provision of law, popular election or appointment by competent authority,
shall take part in the performance of public functions in the government
of the Philippine Islands, or shall perform in said government or in any of
it’s branches public duties as an employee, agent or subordinate official,
of any rank or class.
 Three (3) kinds of Bribery
1.DIRECT BRIBERY – Is committed by public officer who accepts an
offer or promise or receives a gift or present by himself or through
another, with the view to committing a crime, or in consideration of the
execution of an act that does not constitute a crime but is unjust, or to
refrain from doing something that is his official duty to do.

2.INDIRECT BRIBERY – Is committed by a public officer who

accepts a gift offered to him by reason of his office.
Penalties for Indirect bribery:
-Prision correctional (2years+1day to 6 years imprisonment)
-Suspension
-Public censure
QUALIFIED BRIBERY – is committed by any public officer
entrusted with law enforcement, who refrains from arresting or
prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death in consideration of any offer,
promise, gift or present.

INTENT is one of the elements that must be established to prove

the crime of bribery. Corrupt intent to receive a specific benefit in
return for the payment. The intent to use the opportunity to perform a
public duty for acquiring an unlawful personal benefit or advantage
by the person who rece