Revised Penal Code Elements of Crimes under Book II PDF

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY SECTION ONE: CONSPIRACY AND TREASON .      ART. 114 TREASON ART 115. CONSPIRACY & ART 116. MISPRISION OF ART 117. ESPIONAGE PROPOSAL TREASON 1. That the offender owes TO COMMIT TREASO...

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY

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SECTION ONE: CONSPIRACY AND TREASON

  ART. 114 TREASON 1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or Resident alien) 2. There is a war in which the Philippines is involved 3. The offender either (modes of committing): a. Levies war against the government b. Adheres to the enemies, giving them aid or comfort.

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ART 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON 1. Conspiracy to commit treason – committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it (Arts. 8 and 114) 2. Proposal to commit treason – committed when in time of war a person has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons (Arts. 8 and 114)

ART 116. MISPRISION OF TREASON

ART 117. ESPIONAGE

1. By entering, without authority, a warship, fort, or military or naval establishment or reservation 2. That he has knowledge of to obtain any information, any conspiracy against the plan or other data of Government; confidential nature relative to the defense of the 3. That the conspiracy is one to Philippines commit treason; 2. By disclosing to the 4. That he conceals or does not representative of a foreign disclose and make known nation the contents of the the same as soon as articles, data or information possible to the proper referred to in the preceding authority paragraph, which he had in his possession by reason of the public office he holds. 1. That the offender is a citizen of the Philippines;

RICARDO  M.  RIBO  JR.  

SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

   

ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

  1. That the offender performs unlawful or unauthorized acts;

ART. 119 VIOLATION NEUTRALITY

OF

1. That there is a war in which the Philippines is not involved;

2. That such acts provoke or 2. A regulation issued by a competent authority for the give occasion for: purpose of enforcing a. A war involving or liable to neutrality; involve the Philippines; or b. Expose Filipino citizens to reprisals on their persons 3. That the offender violates such regulation. and property.

ART 120. CORRESPONDENCE WITH HOSTILE COUNTRY 1. That it is made in time of war in which the Philippines is involved; 2. That the offender makes correspondence with the: a. Enemy country or b. Territory occupied by the enemy troops; 3. That the correspondence is either: a. Prohibited by the Government; or b. Carried on in ciphers or conventional signs; or c. If notice or information be given enemy. The following must concur to qualify the offense: 1. That the notice or information might be useful to the enemy;

ART 121. FLIGHT ENEMY’S COUNTRY

TO

1. That there is a war in which the Philippines is involved; 2. Offender owes allegiance to the Government; 3. Offender attempts to flee or go to the enemy country; 4. That going to the enemy country is prohibited by the competent authority.

SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS ARTICLE 122. PIRACY GENERAL AND MUTINY   ON THE HIGH SEAS

IN

Two ways or modes of committing piracy: 1. By attacking or seizing a vessel on the high seas or in Philippine waters; 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Elements of piracy: 1. That a vessel is on the high seas or on 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 the vessel; or

2. That the offender intended to aid the enemy.

b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers. Piracy under PD 532: Punishes piracy committed in Philippine waters only. Offenders: any person (passenger, crew or stranger)

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SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS ARTICLE   PIRACY

123

QUALIFIED

REPUBLIC ACT NO. 6235 ANTIHIJACKING LAW

Qualifying Circumstances: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same;

“aircraft is in flight” - from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.

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. . Qualified Mutiny: When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny.

Acts Punished 1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change its course or destination; Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be. 2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots thereof to land in any part of Philippine territory; 3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, substances, explosive or poisonous 4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.

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TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAINST RELIGIOUS WORSHIP

SECTION ONE: ARBITRARY DETENTION AND EXPULSION ARTICLE 124. DETENTION

ARBITRARY

1. That the offender is a public officer or employee;

ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

2. That he detains a person;

1. That the offender is a public officer or employee;

3. That the detention is without legal ground.

2. That he has detained a person for some legal ground

Legal grounds for detention of persons:

the

1. The commission of a crime; or 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

Note on R.A. 6235: Aggravating circ. to nos. 1 and2 1. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft; 2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; 3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;

3. That he fails to deliver such person to the proper judicial authorities within: 12 hrs. for light penalties or their equivalent.

ARTICLE RELEASE

126.

DELAYING

Three acts punished: 1. By delaying the performance of a judicial or executive order for the release of a prisoner; 2. By unduly delaying the service of the notice of such order to said prisoner; 3. By unduly delaying the proceedings upon any petition for the liberation of such person. Elements:

18 hrs. for correctional penalties or their equivalent.

1. That the offender is a public officer or employee;

36 hrs. for afflictive penalties or their equivalent

2. That 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. That the offender without good reason delays either: 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; or c. The proceedings upon a petition for the release of such person.

SECTION TWO: VIOLATION OF DOMICILE

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ARTICLE 127. EXPULSION

ARTICLE 128 VIOLATION OF DOMICILE

Two acts punished:

 

Acts Punished

1. By expelling a person from 1. By entering any dwelling the Philippines; against the will of the owner thereof; 2. By compelling a person to change his residence. 2. By searching papers or other effects found therein without Elements: the previous consent of such owner; 1. That the offender is a public officer or employee; 3. By refusing to leave the premises, after having 2. That he expels any person surreptitiously entered said from the Philippines, or dwelling and after having compels a person to change been required to leave the his residence; same. 3. That the offender is not authorized to do so by law.

ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Acts Punished: 1. Procuring a search warrant without just cause Elements: a. That the offender is a public officer or employee; b. That he procures search warrant;

a

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

1. That the offender is a public officer or employee;

Acts Punished:

2. That he searches the domicile, papers or other belongings of any person;

1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;

3. That he is armed with a warrant;

2. Hindering any person from joining any lawful association or from attending any of its meetings;

4. That the owner or member of his family or witnesses residing in same locality are present.

any two the not

3. 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. Common elements:

Common elements:

1. That the offender is public Exception: (no expulsion) in officer or employee; cases of ejectment, expropriation or when the 2. That he is not authorized by penalty of destierro is judicial order to enter the imposed. dwelling and/ or to make a search for papers and for other effects. Qualifying circumstances:

c.

That there is no just cause.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured Elements: a. That the offender is a public officer or employee;

1. If committed at nighttime; 2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

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ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

b. That he procured warrant; c.

has a

1. That the offender is a public officer; 2. That he performs any of the acts mentioned above

ARTICLE 132. INTERRUP-TION RELIGIOUS WORSHIP

OF

1. That the offender is a public officer or employee;

legally search

2. That religious ceremonies or manifestations of any religion are about to take place or are going on;

That he exceeds his authority or uses unnecessary severity in executing the same.

3. That the offender prevents or disturbs the same - Qualified by violence or threats

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

         

ARTICLE 133. OFFENDING RELIGIOUS FEELINGS

ARTICLE 134. REBELLION/ INSURRECTION

ARTICLE D’ETAT

1. That the acts complained of were performed:

1. That there be: a. Public uprising; and b. Taking up of arms against the government.

1. That the offender is a person or persons belonging to military or police or holding any public office or employment;

a.

In a place devoted to   religious worship (not necessary that there is a religious worship); or

COUP

2. For the purpose of:

During the celebration of any religious ceremony;

a.

Removing from the allegiance to said Government or its laws:

2. That the acts must be notoriously offensive to the feelings of the faithful.

i. The territory of the Philippines, or any part thereof; or

b.

134-A.

ii. Any body of land, naval or other armed forces; or b.

Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth; 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; 4. That the purpose of the attack is to seize or diminish state power.

ARTICLE 135. PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT

ARTICLE 136. CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION OR COUP D’ ETAT

Persons liable for rebellion, insurrection and/or coup d’etat:

1. Conspiracy to commit  rebellion – when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it

The leaders – Any person who a. Promotes; b. Maintains; or c. Heads a rebellion or insurrection; or Any person who – a. Leads; b. Directs; or c. Commands others to undertake a coup d’etat; The participants – Any person who 1. Participates; or 2. Executes the commands of others in rebellion, or insurrection;

2. Proposal to commit rebellion – when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons

Any person in the government service who 1. Participates; or 2. Executes directions or commands of others in undertaking a coup d’etat; Any person not in the government service who 1. Participates; 2. Supports; 3. Finances; 4. Abets; or 5. Aids in undertaking a coup d’etat.

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RICARDO  M.  RIBO  JR.  

TITLE THREE: CRIMES AGAINST PUBLIC ORDER ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS/ EMPLOYEES

ARTICLE 138. INCITING TO REBELLION/ INSURRECTION

1. Failing to resist a rebellion by all means in their power;

1. That the offender does not take up arms or is not in open hostility against the Government;

2. Continuing to discharge the duties of their office under the control of the rebels;

2. That he incites others to the execution of any of the acts of rebellion;

3. Accepting appointment office under the rebels.

3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations (SPWEBO) tending to the same end

Acts Punished

to

ARTICLE 139. SEDITION 1. That the offenders rise: a. Publicly; and b. Tumultuously; 2. That they employ force, intimidation, or other means outside of legal methods; 3. That the offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election; b. To prevent the government or any public officer from freely exercising its or his functions, or prevent the execution of any Administrative Order; c. To inflict any act of hate or revenge upon the person or property of any public officer or employee; d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class;

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e. To despoil, for any political or social end, any person or the government of all its property or any part thereof.

ARTICLE PENALTY SEDITION

140. FOR

ARTICLE 142. INCITING TO SEDITION Acts Punished:

Persons liable:

Elements of act no. 1: 1. That the offender does not take direct part in the crime of sedition;

1. Inciting others to commit sedition by means of 2. That he incites others to the accomplishment of any of speeches, the acts which constitute proclamations, writings, 2. Other persons sedition; emblems cartoons, participating in the banners, or other sedition. representations tending 3. That the inciting is done by means of speeches, to the same end; proclamations, writings, emblems, cartoons, banners, 2. Uttering seditious words ARTICLE 141. or other representations or speeches which tend CONSPIRACY TO tending to the same end. to disturb the public COMMIT SEDITION peace; Acts nos. 2 & 3 punishable Only Conspiracy to 3. Writing, publishing, or when: commit sedition is circulating scurrilous punishable and not libels against the 1. They tend to disturb or proposal to commit obstruct any lawful officer in Government or any of its sedition. executing the functions of his duly constituted office; authorities. There must be an agreement both to attain 4. Knowingly concealing 2. They tend to instigate others an object of sedition and to cabal and meet together such evil practices. to rise publicly and for unlawful purposes; tumultuously. 3. They suggest or incite rebellious conspiracies or riots or 1. The leader sedition;

of

the

4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government

CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS

CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION

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SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES ARTICLE 143. ACTS ARTICLE TENDING TO PREVENT THE 144.DISTURBANCE OF MEETING OF THE PROCEEDINGS ASSEMBLY AND SIMILAR BODIES 1. That there be a meeting of 1. That there be a projected or Congress or any of its actual meeting of the committees or National Assembly or any of subcommittees, its committees or constitutional commissions subcommittees, or committees or divisions constitutional commissions thereof, or any provincial or committees or divisions board or city or municipal thereof, or of any provincial council or board; board or city or municipal council or board; 2. That the offender does any of the following acts: 2. That the offender, who may be any person, prevents a. He disturbs any of such such meeting by force or meetings; fraud. b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.

SECTION 2: VIOLATION OF PARLIAMENTARY IMMUNITY ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY Acts Punished 1. Using force, intimidation, threats, or frauds to prevent any member from: a. Attending the meetings of Congress or any of its subcommittees, commissions or divisions thereof, or from committees or constitutional committees or b. Expressing opinions or c.