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Criminal Law II ReviewerSummary of Book IICrime Elements Penalty Important Points to Remember 114 Treason Offender is a Filipino citizen or an alien residing in the Philippines There is war in which the Philippines is involved Offender either: a. levies war against the government i. that there be an...

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Criminal Law II Reviewer

Vena V. Verga Criminal Law II Reviewer Summary of Book II

Crime

Elements

Penalty

Important Points to Remember

114 Treason

1. Offender is a Filipino citizen or an alien residing in the Philippines 2. There is war in which the Philippines is involved 3. Offender either: a. levies war against the government i. that there be an actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to the enemies, giving them aid or comfort

Filipino Citizen – RP to death and a fine not to exceed P100,000

Treason – branch of allegiance to a government, committed by a person who owes allegiance to it

No complex crime of treason with murder, physical injuries…

1. Treason cannot be committed in time of peace 2. In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war 3. The war must be directed against government 4. The purpose of levying war is to deliver the country in whole or in part to the enemy; must be in collaboration with foreign enemy 5. The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of foreign power 6. No treason thru negligence 7. When common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. 8. Treason by Filipino citizen may be committed outside the Philippines 9. Treason is a continuous offense 10. Treason cannot be proved by circumstantial evidence or extrajudicial confession of accused 11. Two witness rule is severely restrictive 12. Sufficient that witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified 13. Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act 14. Defense of suspended allegiance and change of sovereignty is not accepted 15. Defense of obedience to de facto Government is acceptable 16. Defense of duress or uncontrollable fear is acceptable

Allegiance – obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive; either permanent or temporary Adherence to Enemy – intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interests] Aid or Comfort – an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy Ways of Proving Treason: 1. Testimony of 2 witnesses, at least, to the same overt act; or 2. Confession of the accused in open court

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Alien – RT to death and a fine not to exceed P100,000

Aggravating Circumstances: cruelty, ignominy Art. 64 not strictly applied to treason Gravity of seriousness of acts of treason are considered

Page 1 of 75

Criminal Law II Reviewer 115 Conspiracy and Proposal to Commit Treason 116 Misprision of Treason

117 Espionage

118 Inciting to War or Giving Motives 119 Violation of Neutrality

1. Conspiracy to Commit Treason

2. Proposal to Commit Treason

1. Offender must be owing allegiance to the government and not a foreigner 2. He has knowledge of any conspiracy to commit treason against the government 3. He conceals or does not disclose and make known the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides 1. By entering, without authority therefore, 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 Philippines a. Offender enters any of the places mentioned therein b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP 2. By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation 1. Offender performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property 1. There is a war which the Philippines is not involved 2. There is a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates such regulation

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Vena V. Verga PM and a fine not exceeding P10,000 PC and a fine not exceeding P5,000 Accessory to the crime of treason

The two witness rule does NOT apply to this article

PC Penalty next higher in degree shall be imposed if the offender be a public officer or employee.

1. Espionage – gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the RP or to the advantage of any foreign nation 2. To be liable under paragraph 1, the offender must have the intention to obtain information relative to the defense of RP 3. It is not necessary that the information is obtained 4. Espionage distinguished from treason: a. Both are crimes not conditioned on citizenship b. Espionage – may be committed in many ways, both in time of peace or war; Treason – 2 ways of committing; and only in time of war 1. The intention of offender is immaterial 2. Committed in time of peace

RT if public officer or employee PM if private individual PC

1. Conspiracy is one to commit treason 2. Article 116 is an exception to the rule that mere silence does not make a person criminally liable

1.

Neutrality – a nation or power which takes no part in a contest of arms going on between others is referred to as neutral 2. There must be regulation issued by competent authority for enforcement of neutrality Page 2 of 75

Criminal Law II Reviewer 120 Correspondenc e with Hostile Country

121 Flight to Enemy’s Country

122 Piracy in General and Mutiny on the High Seas or in Philippine Waters

1. It is in time of war in which the Philippines is involved 2. Offender makes correspondence with an enemy country or territory that is occupied by enemy troops 3. The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy

1. 2. 3. 4.

There is a war which the Philippines is involved Offender must be owing allegiance to the government Offender attempts to flee or go to enemy country Going to enemy country is prohibited by competent authority

1. Vessel is on the high seas or in Philippine waters 2. Offenders are not members of its complement or passengers of the vessel 3. Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement or passengers

Vena V. Verga PC

PM RT if info may be useful to enemy RT to death if intention was to aid the enemy

Arresto Mayor

1.

2.

3. 4.

1. 2. 3.

RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters

1.

2.

Piracy – robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

3.

Correspondence – communicating by means of letters; or it may refer to the letters which pass between those who have friendly or business relations Even if correspondence contains innocent matters, if such has been prohibited by the government, it is punishable Prohibition by the government is not essential in paragraphs 1 and 2 Qualifying circumstances that must concur together: a. The notice or information might be useful to the enemy b. The offender intended to aid the enemy An alien resident may be guilty of flight to enemy country Mere attempt to flee or go to enemy country consummates crime Article 121 must be implemented by the Government High Seas – any waters on the sea coast which are without the boundaries of lowwater mark, although such waters may be in the jurisdictional limits of a foreign government Piracy Distinguished From Robbery in High Seas a. In piracy offender is an outsider; in robbery, offender is member of crew or passenger b. In both, there is intent to gain and manner of committing the crime is the same Piracy Distinguished from Mutiny a. In piracy, the offenders are strangers; in mutiny, they are members of the crew or passengers b. In piracy, intent to gain is essential; in mutiny, the intention may be to ignore ship’s officers or to commit plunder

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Criminal Law II Reviewer 123 Qualified Piracy

124 Arbitrary Detention

Qualifying Circumstances: 1. Seized vessel by boarding or firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder, homicide, physical injuries or rape 1. Offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds Detention – when a person is placed in confinement or there is a restraint on his person Detention is without legal grounds: 1. When he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime; or 2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

125 Delay in Delivery of Detained Person to Proper Judicial Authorities

1. Offender is a public officer or employee 2. He has detained a person for some legal ground 3. He fails to deliver such person to the proper judicial authorities within: a. 12 hours for offenses punishable by light penalties or their equivalent b. 18 hours for offenses punishable by corrective penalties or their equivalent c. 36 hours for offenses punishable by afflictive or capital or their equivalent Proper Judicial Authorities – means the courts of justice or judges or said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense

Vena V. Verga Special complex crime punishable by RP to Death regardless of number of victims Not exceeded 3 days – A Mayor in maximum to PC in minimum More than 3 less than 15 days – PC in medium and maximum More than 15 not more than 6 months – PM Exceeded 6 mos. – RT

Same as next preceding article: Within 12 hours for light penalties Within 18 hours for corrective penalties Within 36 hours for afflictive or capital penalties

1. Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice 2. R.A. 6235 – An Act Punishing Certain Acts Inimical to Civil Aviation

1.

2. 3.

4. 5. 1. 2. 3.

4.

5.

6. 7.

Rights of Person Detained: 1. He shall be informed of the cause of his detention 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel

8. 9.

Circumstances considered in determining liability of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Legal Grounds for Detention of Prisoner: a. the commission of a crime b. violent insanity or o the ailment requiring the compulsory confinement of the patient in a hospital Arrest without warrant is the usual cause of arbitrary detention Arrest Without Warrant, When Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed There is no reasonable ground if officer only wants to know the commission of crime There is arbitrary detention thru imprudence If the offender is a private person, the crime is illegal detention Detention must be for some legal ground Article 125 does not apply when the arrest is by virtue of a warrant of arrest but must be a lawful arrest Delivery does not consist in a physical delivery, but in making an accusation or charge or filing of an information against person Duty of the detaining officer is deemed complied with upon the filing of the complaint with the judicial authority Provisions of Article 125 may be waived if person asks for preliminary examination Violation of Article 125 does not affect legality of confinement under process issued by a court The illegality of the detention is not cured by the filing of the information in court Fiscal is not liable, unless he ordered detention Page 4 of 75

Criminal Law II Reviewer

Vena V. Verga

officer detaining a person beyond legal period: 1. means of communication 2. hour of arrest 3. other circumstances (time, etc.)

126 Delaying Release

127 Expulsion

128 Violation of Domicile

1. That offender is a public officer or employee 2. There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. The offender without good reason delays: a. the service of the notice of such order to the prisoner b. the performance of such judicial or executive order for the release of the prisoner c. the proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. He is not authorized by judicial order to enter the dwelling and / or to make a search therein for papers and other effects

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

Same as Article 124

10. Article 125 distinguished from Article 124 – in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified without person detained having been delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126

PC

Only the court by a final judgment can order a person to change his residence

PC in minimum

1. A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court 2. “Against the will of the owner” presupposes opposition or prohibition by said owner, whether express or implied; if it is only without the consent of the owner, the crime is not committed 3. Right of officer to break into building or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) 4. Circumstances Qualifying the Offense: a. If the offense is committed at nighttime; or b. If any papers or effects not constituting evidence of a crime are not returned immediately after the search was made 5. Papers of other effects must be found in the dwelling

PC in medium and maximum if with Qualifying circumstances of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately

Page 5 of 75

Criminal Law II Reviewer 129 Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained

Acts Punished: 1. By procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured a. The offender is a public officer or employee b. He has legally procured a search warrant c. He exceeds his authority or uses unnecessary severity in executing the same Search Warrant – an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court Probable Cause – such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper

Vena V. Verga Liability attaching to Offender for commission of any other offense (perjury) and A Mayor in maximum to PC in minimum and fine not exceeding P1,000

1. Personal Property to be Seized: a. Subject of the offense; or b. Stolen or embezzled and other proceeds or fruits of the offense; or c. Used or intended to be used as the means of committing an offense 2. Search warrant will not issue except upon probable cause 3. Search warrant is valid for 10 days from its date 4. The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused 5. Search and seizure without warrant as an incident to lawful arrest is legal 6. Peace officers may enter house of an offender who committed an offense in their presence 7. Search and seizure of vessels without a search warrant legal

130 Searching Domicile Without Witnesses

1. The offender is a public officer or employee 2. He is armed with search warrant legally procured 3. He searches the domicile, papers or other belongings of any person 4. The owner, or any member of his family, or two witnesses residing in the same locality are not present

A Mayor in medium and maximum

1.

131 Prohibition, Interruption, and Dissolution of Peaceful Meetings

1. Offender is a public officer or employee 2. He performs any of the following acts: a. Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same b. Hindering any person from joining any lawful association or from attending any of its meetings c. 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 1. Offender is a public officer or employee 2. Religious ceremonies or manifestations of any religion are

PC in minimum

1. 2.

132 Interruption

/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer

2.

3. 4. 5.

PC in minimum PC in medium

Search – to go over or loo...