RPC Table OF Elements - Summary PDF

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

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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

ART 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON

1. That the offender owes allegiance to the to commit Government of the 1. Conspiracy treason – committed when Philippines; (a Filipino citizen or Resident alien) in time of war, two or more persons come to an 2. There is a war in which the agreement to levy war Philippines is involved 3. The offender either (modes against the Government or to adhere to the enemies of committing): a. Levies war against the and to give them aid or government comfort, and decide to b. Adheres to the enemies, commit it (Arts. 8 and 114) giving them aid or 2. Proposal to commit treason comfort. – 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)

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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 nation the contents of the disclose and make known articles, data or information the same as soon as referred to in the preceding possible to the proper paragraph, which he had in authority his possession by reason of the public office he holds. 1. That the offender is a citizen of the Philippines;

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SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

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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;

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; 2. That the offender makes correspondence with the: 3. Offender attempts to flee a. Enemy country or b. Territory occupied by the or go to the enemy enemy troops; country; 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;

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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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 THREE: PIRACY AND MUTINY ON THE HIGH SEAS ARTICLE PIRACY

123

QUALIFIED

REPUBLIC ACT NO. 6235 ANTIHIJACKING LAW

SECTION ONE: ARBITRARY DETENTION AND EXPULSION Qualifying Circumstances: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same; 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.

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

ARTICLE 124. DETENTION

1. That the offender is a public officer or employee; Acts Punished 1. Usurping or seizing control of an aircraft of Philippine registry while 2. That he detains a person; it is in flight; or compelling the pilots thereof to change its course 3. That the detention is without legal ground. or destination; Note: When the aircraft is not in flight, the grounds for the usurpation or seizure of the Legal detention of persons: aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as 1. The commission of a crime; or the case may be. 2. Violent insanity or other ailment requiring 2. Usurping or seizing control of an compulsory confinement of aircraft of foreign registry, while the patient in a hospital 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 Note on R.A. 6235: poisonous

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

4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, 2. or poisonous substance if not done in accordance with the rules and regulations of the Air 3. Transportation Office.

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ARBITRARY

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

ARTICLE RELEASE

126.

DELAYING

Three acts punished: 1. By delaying the performance of 1. That the offender is a public a judicial or executive order for officer or employee; the release of a prisoner; 2. That he has detained a person 2. By unduly delaying the service for some legal ground of the notice of such order to said prisoner; 3. That he fails to deliver such person to the proper judicial 3. By unduly delaying the authorities within: proceedings upon any petition for the liberation of such person. 12 hrs. for light penalties or Elements: their equivalent. 18 hrs. for correctional 1. That the offender is a public officer or employee; penalties or their equivalent. 36 hrs. for afflictive penalties 2. That there is a judicial or executive order for the release or their equivalent 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 ARTICLE 127. EXPULSION

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ARTICLE 128 VIOLATION OF DOMICILE

Two acts punished:

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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

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES 1. That the offender is a public officer or employee;

Acts Punished:

2. That he searches the domicile, papers or other 1. Procuring a search warrant belongings of any person; without just cause 3. That he is armed with a warrant; Elements: a. That the offender is a 4. That the owner or public officer or member of his family or employee; witnesses residing in same locality are b. That he procures a present. search warrant;

any two the not

SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS Acts Punished: 1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting; 2. Hindering any person from joining any lawful association or from attending any of its meetings; 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:

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

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

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

b. That he procured warrant;

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

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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c.

has a

- Qualified by violence or threats

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

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

ARTICLE 138. INCITING TO REBELLION/ INSURRECTION

Acts Punished

1. That the offender does not take up arms or is not in open hostility against the 1. Failing to resist a rebellion Government; by all means in their power; 2. Continuing to discharge the 2. That he incites others to the execution of any of the duties of their office under acts of rebellion; the control of the rebels; 3. Accepting appointment office under the rebels.

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

ARTICLE 139. SEDITION 1. That the offenders rise: a. Publicly; and b. Tumultuously;

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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 speeches, accomplishment of any of proclamations, writings, the acts which constitute emblems cartoons, sedition; 2. Other persons banners, or other participating in the representations tending 3. That the inciting is done by 3. That the offenders employ sedition. means of speeches, to the same end; any of those means to proclamations, writings, attain any of the following emblems, cartoons, banners, 2. Uttering seditious words objects: ARTICLE 141. or other representations or speeches which tend TO tending to the same end. to disturb the public a. To prevent the CONSPIRACY peace; promulgation or execution COMMIT SEDITION Acts nos. 2 & 3 punishable of any law or the holding of any popular election; Only Conspiracy to 3. Writing, publishing, or when: circulating scurrilous commit sedition is libels against the 1. They tend to disturb or b. To prevent the punishable and not obstruct any lawful officer in Government or any of its government or any public proposal to commit executing the functions of his duly constituted officer from freely sedition. office; authorities. exercising its or his functions, or prevent the There must be an concealing 2. They tend to instigate others execution of any agreement both to attain 4. Knowingly to cabal and meet together such evil practices. an object of sedition and Administrative Order; for unlawful purposes; to rise publicly and c. To inflict any act of hate tumultuously. 3. They suggest or incite or revenge upon the rebellious conspiracies or person or property of any riots or public officer or employee; 2. That they employ force, intimidation, or other means outside of legal methods;

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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ARTICLE PENALTY SEDITION

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

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 SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES

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ARTICLE 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES

ARTICLE 144.DISTURBANCE PROCEEDINGS

1. 1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; 2. 2. That the offender, who may be any person, prevents such meeting by force or fraud.

OF

That there be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board; That the offender does any of the following acts: a. He disturbs any of such meetings; 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.

his

Casting his vote

2. Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.

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