RPC - Criminal LAW BOOK 2 Notes PDF

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1SIRON, JUANARTICLE 114 – TREASON*Elements: That the offender is a Filipino citizen or an alien residing in the Philippines. That there is a war in which the Philippines is involved. That the offender either – a. levies war against the government b. adheres to the enemies, giving them aid or comfort...

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CRIMINAL LAW II ARTICLE 114 – TREASON *Elements: 1. That the offender is a Filipino citizen or an alien residing in the Philippines. 2. That there is a war in which the Philippines is involved. 3. That the offender either – a. levies war against the government b. adheres to the enemies, giving them aid or comfort *Treason – breach of allegiance to a government by a person who owes allegiance to it. (the nature of the crime is the violation by a subject of his allegiance to his sovereign) *allegiance – the obligation of fidelity and obedience which the individual owe to the government under which they live or to their sovereign, in return for the protection they receive *Two kinds of allegiance – 1. Permanent – allegiance is owed by the alien to his own country 2. Temporary – allegiance to the country where he resides *treason cannot be committed in time of peace (there must be war wherein the Philippines is involved) While there is peace, there are no traitors. It is punished by the state as a measure of selfdefense and self-preservation. *Modes or ways of committing treason – 1. by levying war against the government 2. by adhering to the enemies of the Philippines, giving them aid or comfort. *levies war requires the concurrence of two things (1) that there be an actual assembling of men (2) for the purpose of executing a treasonable design by force. *there must be an actual assembling of men – the actual enlisting of men to serve against the

government does not amount to levying war, because there is no actual assembling of men. *in treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war. *the levying of war must be with intent to overthrow the government as such, not merely to resist a particular statute or repel a particular officer. *the levying of war must be in collaboration with a foreign enemy. (If not, the crime is rebellion) *adhering to enemy requirement in committing treason – (1) adherence and (2) giving aid and comfort to the enemy must concur together. *adherence to enemy – means intent to betray *aid and comfort – act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy. *giving information to, or commanding foodstuffs for, the enemy is evidence of both adherence and aid or comfort. *it is not the degree of success, but rather the aim for which the act was perpetrated, that determines the commission of treason. *commandeering of women to satisfy the lust of the enemy is not treason. *no treason through negligence *no complex crime of treason with murder, physical injuries, etc. because they are inherent in the crime of treason.

*ways of proving treason – 1

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CRIMINAL LAW II 1. Testimony of two witnesses, at least, to the same overt act 2. Confession of the accused in open court *two witness rule – required to prove the overt act of giving aid or comfort – not necessary to prove adherence Overt act – physical activity, that deed that constitute the rendering of aid and comfort (requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice) *adherence may be proved – (cause state of mind of the offender) -by one witness -from the nature of the act -from the circumstances surrounding the act

ARTICLE 115 – CONSPIRACY AND PROPOSAL TO COMMIT TREASON *Conspiracy to commit treason – when in time of war, two or more person come to an agreement to levy war against the government or to adhere to the enemies and give aid or comfort, and decide to commit it. *proposal to commit treason – committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and give them aid or comfort, proposes its execution to some other person or persons. *General rule – conspiracy and proposal is not punishable. *Exception – treason – the very existence of the state is endangered.

*aggravating circumstances in treason – -cruelty -ignominy (Evident premeditation is not aggravating in treason; superior strength and treachery are inherent)

*two-witness rule does not apply in conspiracy or proposal to commit treason because it is a separate and distinct offence from that of treason.

*Defense of suspended allegiance and change of sovereignty, not accepted because; 1. A citizen owes an absolute and permanent allegiance to his government 2. Sovereignty of the government is not transferred to the enemy by mere occupation 3. The subsistence of the sovereignty of the legitimate government in a territory occupied by the military forces of the enemy during war is one of the rules of international law 4. What is suspended is the exercise of the rights of sovereignty (Laurel vs. Misa)

*Elements: 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 treason against the government. 3. That he conceal or does not disclose to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.

*Defense of obedience to de facto government is allowed (Go Kim Cham vs. Valdez) *defense of duress or uncontrollable fear or immediate death is allowed

ARTICLE 116 – MISPRISION OF TREASON

*116 do not apply when the crime of treason is already committed by someone and accused does not report its commission to the proper authority. *the offender in misprision of treason is punished as accessory to treason – penalty is two degrees lower than that of treason. *the offender, however, a principal in the crime of misprision of treason – Art. 20 does not apply even if the offender is related to the persons in 2

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CRIMINAL LAW II conspiracy against the government – Art. 20 applies only to accessory.

c. That he discloses their contents to a representative of a foreign nation.

*Art116 is an exception to the rule that mere silence does not make a person criminally liable.

*other acts of espionage are punished by Com. Act No. 616…

ARTICLE 117 – ESPIONAGE

*to be liable to the first kind of espionage, the offender must have the intention to obtain information relative to the defense of the Philippines. (Not necessary that the information, etc.. is obtained. It is sufficient that he has the purpose to obtain any of them when he entered a warship, fort or naval or military establishment.)

*Espionage – offense of 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 Republic of the Philippines or to the advantage of any foreign nation. *Two ways of committing espionage under article 117: 1. By entering, without authority therefor, 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. Elements: a. That the offender enters any places mentioned therein. b. That he has no authority therefor. c. That his purpose is to obtain information, plans, photo or other data of a confidential nature relative to the defense of the Philippines. 2. By disclosing to the representatives of a foreign nation the contents of the articles, data or information referred to in paragraph 1 of article 117, which he had in his possession by reason of the public office he holds. Elements: a. That the offender is a public officer. b. That he has in his possession the articles, data or information, by reason of the public office he holds.

*Persons liable – 1st espionage – any person, whether a civilian or a foreigner, a private individual or a public officer. 2nd espionage – offender must be a public officer who has in his possession the article, data or information by reason of the public office he holds. *Espionage vs. Treason - Espionage is a crime not conditioned by the citizenship of the offender. - Treason is committed only in time of war, while espionage may be committed both in time of peace and in time of war. - Treason is limited in two ways of committing the crime: levying war and adhering to the enemy by giving aid or comfort to the enemy, while espionage may be committed in many ways (com act 616) ARTICLE 118 – INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS *Elements: 1. That the offender performs unlawful or unauthorized act. 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. 3

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CRIMINAL LAW II *Intention of the offender is immaterial *committed in time of peace

b. that the offender intended to aid the enemy by giving such notice or information, the crime amounts to treason; hence, the penalty is the same as that for treason.

ARTICLE 119 – VIOLATION OF NEUTRALITY *Elements: 1. That there is a 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. *Neutrality – nation or power which takes no part in a contest of arms going on between others. *violation of such regulation issued competent authority constitutes the crime.

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ARTICLE 120 – CORRESPONDENCE WITH HOSTILE COUNTRY *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 the enemy troops. 3. That the correspondence is either: a. prohibited by the government b. carried on in ciphers or conventional signs. c. containing notice or information which might be useful to the enemy. *Correspondence – communication by means of letter; or it may refer to the letters which pass between those who have friendly or business relations. *even if correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable. *circumstances qualifying the offense – a. that the notice or information might be useful to the enemy.

ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY *Elements: 1. That there is a war in which the Philippines is involved. 2. That the offender must be owing allegiance to the government. 3. That the offender attempts to flee or go to the enemy country. 4. That going to the enemy country is punished by competent authority. *an alien resident maybe guilty of flight to enemy country – the allegiance contemplated in this article is either natural or temporary allegiance. *mere attempt to flee or go to enemy country consummates the crime. *must be prohibited by the government, for the crime to be committed. ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON HIGH SEAS OR IN PHILIPPINE WATERS *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 high seas or in the Philippine waters the whole or part of its cargo, its equipment or personal belongings of its competent or passengers. *Elements of Piracy (RPC) 1. That a vessel is on the high seas or in the Philippine waters; 2. That the offenders are not member of its complement or passengers of the vessel; 3. That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of the 4

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CRIMINAL LAW II cargo of said vessel, its equipment or personal belongings of its complement or passengers. *high seas – parts of the seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state. *Piracy – it is 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. ( People vs. Lollo, et al) *Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander. *Piracy vs. Mutiny -In Piracy the person who attack a vessel or seize its cargo are stranger to said vessel. - In Mutiny, they are members of the crew or passengers. - In Piracy the intent to gain is essential - In mutiny, the offenders may only intend to ignore the ship’s officers or they may be prompted by a desire to commit plunder. *Piracy and Mutiny may be considered as terrorism --- Thereby sowing and creating a condition of widespread and extraordinary fear and panic to give in to an unlawful demand shall be guilty of crime of terrorism.

1. Whenever the offender have seized the vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victim without means of saving themselves; or 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. *vessel – any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. It shall include all types of vessels or boats used in fishing. *any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice. ANTI-HIJACKING LAW RA6235 *Sec. 1 – it shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. (An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation.) *it shall be likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. HUMAN SECURITY ACT OF 2007 RA9372

*PIRACY UNDER PD 532 *Any attack upon or seizure of any vessel, or the talking away of whole or part thereof or its cargo, equipment… committed by any person including passenger or member of the complement of said vessel, in Philippine waters. ARTICLE 123 – QUALIFIED PIRACY *Piracy or Mutiny is, therefore qualified if any of the following circumstances is present:

*Acts punishable as terrorism - Piracy and Mutiny - Rebellion or Insurrection - Coup d’ etat - Murder - Kidnapping and serious illegal detention - Crimes involving destruction (Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the 5

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CRIMINAL LAW II government to give in to an unlawful demand shall be guilty of the crime of terrorism.) *The acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for any offense or felony which is necessarily included in the offense charged under this act. ARTICLE 124 – ARBITRARY DETENTION *Elements: 1. That the offender is a public officer or employee. 2. That he detains a person. 3. That the detention is without legal grounds. *such public officers are: (those vested with the power to detain.) - Policemen, and other agents of the law - Judges or Mayors - Barangay captain and municipal councilors *If detention is perpetrated by other public officer, the crime committed may be illegal detention, because they are acting in their private capacity. *Private individuals who conspired with public officers in detaining are guilty of arbitrary detention. *Detention – actual confinement of person in an enclosure, or in any manner detaining and depriving him of his liberty. *A person is detained when he 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. 2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital. *Legal grounds for detention of any person:

1. Commission of a crime 2. Violent insanity or any ailment requiring the compulsory confinement of the patient in a hospital. *A peace officer must have a warrant of arrest properly issued by the court in order to justify an arrest. If there is no warrant of arrest, the arrest of a person by a public officer may constitute arbitrary detention. *Lawful warrantless arrest: 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. 2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. *In his presence – sees the offense committed or hears the disturbance created thereby. *Personal knowledge – based upon probable cause, an actual belief or reasonable grounds of suspicion. *Probable cause – facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. (It must be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay.) *Arbitrary detention may be committed thru imprudence *Periods of detention penalized – -not exceed 3 days – AM in max to PC min -more than 3 days but not more than 15 days – PC med to max -more than 15 days but not more than 6 months – PMayor 6

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CRIMINAL LAW II -if detention exceeded 6 months – RT RA 9745 ANTI-TORTURE ACT OF 2009

*if the detention of a person is not for some legal ground, it will be a case under article 124 not 125.

*Torture – an act by which severe pain or suffering whether physical or mental is intentionally afflicted with purposes: 1. Getting information or confession 2. Punishment for an act 3. Intimidation or coercion for any reason based on discrimination

*Art. 125 applies only when the arrest is made without warrant of arrest. But the arrest must be lawful. *if with warrant of arrest, the person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for temporary release.

*Persons liable: - Torturer - Cooperated - Any superior who ordered - Immediate commanding officer of the unit

*What constitutes a violation of article 125 is the failure to deliver the person arrested to the proper judicial authority within the period specified therein.

*Punishable acts of torture: 1. Physical – form of treatment or punishment inflicted by a person in authority upon a person. 2. Mental – affects or confuse the mind and/or undermine the person’s dignity. ARTICLE 125 – DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES. *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 authorities within: a. 12 hours – when offense is punishable by light penalties. b. 18 hours – when offense is punishable by correctional penalties. c. 36 hours – when offense is punishable by afflictive or capital penalties. (OR THEIR EQUIVALENT) *if the offender is a private person, the crime is illegal detention.

*Duty of detaining officer is deemed complied with upon the filing of the complainant with the judicial authority. *Proper judicial authorities – courts of justice or judges of said court with judicial power to order the temporary detention of an accused. *Detained person should be released when a judge is not available – up to maximum hours of detention. *Waiver of article 125 – asks for preliminary investigation and must sign a waiver in fron...