Download - Crim Law Review-Book 2
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FELONIES, CRIMESAND PENALTIES
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BOOK 2 BY TITLE
Titles 1-6 - Against thePublic Title 1 National Security
Title 2 FundamentalLaws of the State
Title 3 Public Order
Title 4 Public Interest
Title 5 Drugs
Title 6 Public Morals
Title 7 By PublicOfficers
Title 8 Against Persons
Title 9 Against PersonalLiberty and Security
Title 10 AgainstProperty
Title 11 AgainstChastity
Title 12 Against theCivil Status of Persons
Title 13 Against Honor
Title 14 Quasi-Offenses
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TITLES 1-6: AGAINSTTHE PUBLIC
Note Article 2 of the RPC providing for extra-territorial application of the Code to offensesinvolving national security and the law of nations(Title 1Treason and espionage, Provoking war
and disloyalty in case of warand Piracy and mutinyon the high seas in Philippine waters).
In all the other titles, there is no extraterritorial
application of the RPC.
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ARTICLES 114, 116 TREASONANDMISPRISIONOF TREASON
Elements of Treason: Committed by a Filipino
citizen or resident alien (a) levying war against
PH, or
(b) adheres to enemies ofthe PH by giving them aidor comfort within the PHor elsewhere
Two-witness rule (noconviction unless basedon the testimony of twowitnesses to the sameovert act)
Committed in times ofwar only
Misprision of treason iscommitted only by acitizen (one who owesallegiance to the PHwithout being a foreigner)
and is a felony by bothact and omission. (a) with knowledge of a
conspiracy against thePH,
(b) conceals or does not(fails to) make known assoon as possible
Penalty is that ofaccessory to Treason
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ART. 117 ESPIONAGE
I. By a PrivateIndividual (a) Enters a warship,
fort, military
establishment withoutauthority
(b) to obtain anyinformation, plans,photographs or otherdata of a confidential
nature relative to PHdefense;
II. By a Public Officer (a) Possesses
confidential informationby reason of publicoffice;
(b) discloses this to arepresentative of aforeign nation;
If the acts in (I) are
committed by a publicofficer, penalty is theone next higher indegree.
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ARTS. 118-121 PROVOKINGWARANDDISLOYALTYINCASEOFWAR
Art. 118 A public officer orprivate person provokes orgives occasion for war byunlawful or unauthorized actsor exposes PH citizens toreprisals.
Art. 119 This involvesviolation of any rule imposedto maintain neutrality during awar where PH is NOTinvolved.
Art. 121 A person who owesallegiance to PH attempts toflee to an enemy countrywhen such flight is prohibited
Art. 120 Necessary elementis war where PH is involved;violation is throughcorrespondence with anenemy country or territoryoccupied by enemy troops
(a) by prohibitedcorrespondence; (b) by ciphers or conventional
signs; (c) through information that
benefits the enemy;
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ARTS. 122-123 PIRACYAND MUTINY
Piracy in general andmutiny on high seas in PHwaters
(a) act is committed on thehigh seas or in PH waters,
(b) by any person who shallattack or seize a vessel, or
(c) seize the whole or partof the cargo, equipment orpersonal belongings of itscomplement or passengers.
*Piracy is a predicate act ofTerrorism under RA 9372
Mutiny is not definedexpressly but is understoodto be the same acts aspiracy except that they areperformed by the crew.
Qualified Piracy (a) seizure of vessel by
boarding or firing on thevessel;
(b) abandonment of victims;
(c) committed by
murder/homicide, physicalinjuries or rape;
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PD 532 ANTI-PIRACYAND ANTI-HIGHWAYROBBERY ACTOF 1974
Sec. 4. PD 532Abetting piracy ispunished separatelyfrom piracy
(a) knowingly and inany manner aids orprotects pirates, (b)acquires or receivesproperty taken bypirates, or (c) directly orindirectly abets thecommission of piracy
Under PD 532,offenders areconsideredaccomplices of the
principal offenders. Cf. Art. 18, RPC acts
of cooperation prior toor simultaneous withthe acts of the principal,without being aprincipal.
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TITLE 2 AGAINSTTHE FUNDAMENTAL LAWOFTHE STATE
The common thread in all the felonies under thistitle is that they involve violations of fundamentalrights, particularly those involving liberty of person,privacy of dwelling and freedom to worship.
Consistent with the nature of the fundamentalrights, these felonies are committed only by publicofficers (except Art. 133 - Offending the ReligiousFeeling)
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ARTS. 124-127LIBERTYOF PERSON
Art. 124 Arbitrary Detention (a) No legal grounds* for
detention (b) Relevant periods of
detention is any period(minimum) up to beyond 6months;
(c) Penalty starts if detention isnot longer than 3 days
*Commission of a crime orviolent insanity are legalgrounds for detention.
Only public officers withmandate to arrest and detaincan commit this felony,
Art. 125 Delay in delivery ofdetained persons to theproper judicial authorities (a) detention is for a legal
ground (b) failure to charge the person
within 12-18-36 hours (light-correctional-afflictive/capitalpenalties*) from start ofdetention
*Cf. Arts. 9 and 25 Cfalso RA 9372 Terrorism
Law, sec. 18 (provides an
exception from Art. 125 tothose who are authorized inwriting by the Anti-TerrorismCouncil)
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ARTS. 124-127 LIBERTYOF PERSON
Art. 126 Delaying
release
(a) Material period ofdelay is that in Art. 124
(any period to beyondsix months)
(b) Delay in actualrelease or delivery ofnotice of release
Art. 127 Expulsion
(a) Two acts:
1. Expulsion
2. Compelled change of
residence (b) by any public officer
without any lawfulauthority
Cf. Marcos v.Manglapuspro hacviceruling
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ARTS. 128-130 VIOLATIONOF DOMICILE
Art. 128 Violation ofdomicile
(a) by a public officerwithout a judicial order who Enters a dwelling against the
will of the owner,
searches without previousconsent of owner, or
refuses to leave dwellingafter having surreptitiouslyentered and being required toleave;
Qualifying circumstances:(a) nighttime, (b) non-returnof papers and effects thatare not contraband
Art. 129 Search warrantsmalicious obtained andabuse in service of legalSWs
Art. 130 Searching domicile
without witnesses Two witnesses from the
same locality
Cf. Rule 126, sec. 8
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ARTS. 131 PEACEFUL MEETINGS
Art. 131 Prohibition, interruption, dissolution of
peaceful meetings
(a) no legal ground
(b) prohibit, interrupt, dissolves peaceful meeting
(c) hinder any person from joining any lawful associationor attending any of its meetings;
(d) prohibit or hinder any person from addressing anypetition for correction of abuses or redress of
grievances
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ARTS. 132-133 RELIGIOUS WORSHIP
Art. 132 Interruption ofreligious worship (a) Prevent or disturb the
ceremonies ormanifestations of anyreligion;
(b) Higher penalty ifcommitted with violence orthreats
Art. 133 Offending thereligious feelings (a) may be committed by a
public officer or a privateindividual;
(b) performs acts
notoriously* offensive to thefeelings of the faithful; (c) in a place devoted to
religious worship or duringthe celebration of anyreligious ceremony;
*Question of fact;understood as anything thatis insulting or demeaning
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TITLE 3 - PUBLIC ORDER OFFENSES
The common thread for all these felonies (Arts. 134to Arts. 159) is that they disrupt or have thetendency to disrupt general welfare and public lifeby undermining the enjoyment of the liberty of
others or the stability of governmental actions.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 134 Rebellion orinsurrection
(a) public armed uprising
(b) against the
government (c) for the purpose of:
1. removing from itallegiance;
2. depriving the Presidentor Congress, wholly or
partially, of any of theirpowers or prerogatives
No specific definition ofinsurrection as opposedto rebellion
Commentators make a
distinction as to thescope of the uprising; ifdirected against theentire government, it isrebellion, if it is only as
against particular areas,insurrection. The basisfor this distinction ishowever unclear.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 134 Rebellion or
insurrection
No complex crime ofrebellion with otheroffenses.
The absorptionprinciple in Hernandezremains to be goodlaw.
Can a person who hasknowledge of arebellion but concealsor fails to disclose the
same be held liable?
No, unlike misprision oftreason, there is nofelony of misprision of
rebellion.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 134 Rebellion or
insurrection
Can rebellion becommitted by a singleperson?
No, because there is arequirement of a publicuprising, whichcontemplates an act ofa group of persons.
Art. 135 punishes withseparate and distinctpenalties the leader ofa rebellion, coup
deetat as well as aparticipant.
If the leader isunknown, the person
who speaks for therebellion, coup detat isdeemed the leader.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 134 Rebellion orinsurrection
Can a rebellion be committedby public officers?
While Art. 134 does notappear to distinguish, it wouldappear that if the same actsare performed by a publicofficer, it would be coupdetat.
Art. 136 Coupdetat
(a) Swift attack (b) with violence, threat,
strategy, or stealth (c) directed against duly
constituted authorities of thePH, or any military camp, orinstallation, communicationsnetworks, public utilities or anyother facilities needed for theexercise and continuedpossession of power
(d) for the purpose of seizing or
diminishing state power. (e) by any person/s belonging
to the military, police or holdingpublic office with or withoutcivilian support.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 136 Coupdetat
Like rebellion, a coupdetathas a political motive.
Unlike rebellion, it may be
done singly.
Can a coupdetatbecommitted in any location?
No, the RPC expresslyrequires that it be directed
against an installation orplaces needed for theexercise and continuedpossession of power.
Can a rebellion or a coupdetatbe committed in thefrustrated andconsummated stages?
It depends on how the lastact that brings about the
felony is defined. If it isdefined by the result, i.e.,that the purpose isachieved, then unlessgovernment falls, bothfelonies will only exist in the
frustrated stage. If it is notdefined by the achievementof the purpose, then thefrustrated stage will neverexist.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 138 Inciting to rebellionor insurrection
There is no felony of incitingto a Coupdetat
(a) without taking arms againstthe government or being inopen hostility to government,
(b) incites others to theexecution of any of the acts inArticle 134
(c) through speeches, writings,
or other means directed towardthat end.
Art. 139. Sedition (a) public and tumultuous
uprising (b) to attain by force,
intimidation, or by other meansother than legal, the ffobjectives: 1. prevent the promulgation or
execution of any law or theholding of any election;
2. prevent the government orany public officer from freelyexercising functions,
3. inflict any act of hate orrevenge upon a public officer
4. commit for any political orsocial end, any act of hate orrevenge against private personsor any social class
5. despoil for any political orsocial end, any person,municipality or province or thenational government.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 140 Inciting to sedition (a) no part in the sedition
(b) incite others to commitsedition
(c) uttering words or makingspeeches, write, publish orcirculate scurrilous libels against
the government, or which tend todisturb or obstruct any officer inexecuting the functions of hisoffice, or tend to instigate othersto cabal and meet together forunlawful purposes, or which leador tend to stir up the peopleagainst the authorities or todisturb the peace of the
community and safety of thegovernment, (d) or shall knowingly conceal
such evil practices.
Art. 139. Sedition (a) public and tumultuous
uprising (b) to attain by force, intimidation,
or by other means other thanlegal, the ff objectives: 1. prevent the promulgation or
execution of any law or the holdingof any election;
2. prevent the government or anypublic officer from freelyexercising functions,
3. inflict any act of hate orrevenge upon a public officer
4. commit for any political orsocial end, any act of hate orrevenge against private persons or
any social class 5. despoil for any political or
social end, any person,municipality or province or thenational government.
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ARTS. 134-142 POLITICAL MOVEMENTS
Art. 142 Inciting to sedition (a) no part in the sedition
(b) incite others to commitsedition
(c) uttering words or makingspeeches, write, publish orcirculate scurrilous libels against
the government, or which tend todisturb or obstruct any officer inexecuting the functions of hisoffice, or tend to instigate othersto cabal and meet together forunlawful purposes, or which leador tend to stir up the peopleagainst the authorities or todisturb the peace of the
community and safety of thegovernment, (d) or shall knowingly conceal
such evil practices.
Art. 139. Sedition (a) public and tumultuous
uprising (b) to attain by force, intimidation,
or by other means other thanlegal, the ff objectives: 1. prevent the promulgation or
execution of any law or the holdingof any election;
2. prevent the government or anypublic officer from freelyexercising functions,
3. inflict any act of hate orrevenge upon a public officer
4. commit for any political orsocial end, any act of hate orrevenge against private persons or
any social class 5. despoil for any political or
social end, any person,municipality or province or thenational government.
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THE CONSPIRACIESAND PROPOSALS
Art. 115 C/P to committreason
Art. 136 C/P to commitrebellion or coup detat
Art. 141 C to commit
sedition (*no proposal) Art. 186 Monopolies
and Combinations inRestraint of Trade
Art. 306 Brigands
(more than three armedpersons form a band cf.Art. 14(6)actedtogether)
RA 9165, sec. 26 Conspiracy inthe ff. acts:1. Importation of DD, controlled
precursor or essentialchemical;
2. Sale, trade, administration,dispensation, delivery,distribution and transportationof DD, CP, EC;
3. Maintenance of den, dive, orresort where DD is used in any
form;4. Manufacture of any DD, CP,
EC;5. Cultivation or culture of plants
which are sources of DD
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CONSPIRACIESAND PROPOSALS
RA 9372 (Terrorism)
Sec. 4 - there is a conspiracy when two or more personcome to an agreement concerning the commission ofthe crime of terrorism (under sec. 3) and decide to
commit the same.
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ARTS. 143-145 AGAINST POPULARREPRESENTATION
Art. 143 Preventing themeeting of the Assembly andsimilar bodies (a) by force or fraud (b) prevents the meeting of the
Congress or any of itscommittees or sub committees
Art. 144 Disturbance ofproceedings (a) any disturbance (b) or in the presence of any
such bodies should behave ina manner as to interrupt itsproceeding or impair therespect due it.
Art. 145 Violation ofparliamentary immunity (a) through force, intimidation,
threats or fraud, (b) prevents any member of
the Congress from attendingthe meetings of congress or
any of its committees,expressing his opinions orcasting his vote
(c) on any public officer whoshall arrest or search anymember of Congress while it isin session unless the memberhas committed a felony
punished by a penalty higherthan prision mayor.