San Beda College of Law 55 MEMORY AID IN CRIMINAL LAW CRIMINAL LAW COMMITTEE PDF

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San Beda College of Law 55 MEMORY AID IN CRIMINAL LAW BOOK TWO Chapter One: Crimes Against National prosecuted for acts of treason due to the Security (Arts. 114-123) temporary allegiance he owes to the Philippine government. Section One – Treason and espionage MEANING OF “aid or comfort”  ART. 114...

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San Beda College of Law

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MEMORY AID IN CRIMINAL LAW

BOOK TWO Chapter One: Crimes Against National Security (Arts. 114-123) Section One – Treason and espionage  ART. 114-TREASON ELEMENTS: 1. That the offender owes allegiance to the Government of the Philippines 2. That there is a war in which the Philippines is involved 3. That the offender either (modes of committing) a.) levies war against the government; or b.) adheres to the enemies, giving them aid or comfort. Ways of being committed 1. Levying war  Means that there be an actual assembling of men for the purpose of executing a treasonable design by force 2. Adherence to the enemy rendering him aid and comfort  Means that there be intent to betray. There is “adherence to the enemy” when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest.  The term “alien” applies only to the subjects of a foreign power. It does not embrace rebels in insurrection against there own country, for in that case the crime would be rebellion. Treason – is a breach of allegiance to a government, committed by a person who owes allegiance to it. Allegiance – is 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. Hence an alien residing in the Philippines may be

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prosecuted for acts of treason due to the temporary allegiance he owes to the Philippine government. MEANING OF “aid or comfort” An act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country or any 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 (overt act): 1. Testimony of two witnesses, at least, to the same over act (two-witness rule); or 2. Confession of guilt in open court Adherence may be proved: 1. by one witness; 2. from the nature of the act itself, or 3. from the circumstances surrounding the act. Reason for the two-witness rule: The special nature of the crime of treason requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. The extreme seriousness of the crime, for which death is one of the penalties provided by law, and the fact that the crime is committed in abnormal times, when small differences may in mortal enmity wipe out all scruples in sacrificing the truth.  

Treason is a war crime, it is punished by the state as a measure of selfdefense and self-preservation. The levying of war must be with intent to overthrow the government as such, not merely to resist a particular statute or to repeal a particular officer. It is not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design, in whole or in part.

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.

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Treason absorbs crimes committed in furtherance thereof. Emotional or intellectual sympathy to the enemy, without giving the enemy aid or comfort, is not treason. There is no treason thru negligence. The overt act of giving aid or comfort to the enemy must be intentional. Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. But when the position is policy-determining, the acceptance of public office and the discharge of official duties constitute treason. Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC) Treason by an alien must be committed in the Philippines. (EO 44). Treason is a CONTINUOUS OFFENSE. All overt acts of treason the accused has committed constitute but a single offense.  ART. 115- CONSPIRACY & PROPOSAL TO COMMIT TREASON

Committed when in time of war, two or more persons come to an agreement and decide to commit it, or when one person proposes to another: (1) to levy war against the Government, or (2) to adhere to the enemies and to give them aid and comfort. 

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As a general rule, conspiracy and proposal to commit a felony is not punishable (ART.8), Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. Two-witness rule does not apply because this is a separate and distinct offense.

 ART. 116- MISPRISION OF TREASON ELEMENTS: 1. That the offender is a citizen of the Philippines 2. That he has knowledge of any conspiracy against the Government 3. That the conspiracy is one to commit treason 4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority. 

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Art. 116 does not apply when treason is already committed and the accused does not report its commission. Offender is not punished as an accessory to treason but as a principal in misprision.  ART. 117- ESPIONAGE

TWO WAYS OF COMMITTING: 1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines. ELEMENTS: a) That the offender enters any of the places mentioned therein; b) That he has no authority therefore; c) That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, 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 referred to in par. no. 1 of Art.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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MEMORY AID IN CRIMINAL LAW 117, by reason of the public office he holds; c) That he discloses their contents to a representative of a foreign nation. COMMONWEALTH ACT 616 – An Act to Punish Espionage and Other Offenses Against National Security Espionage – is the 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 the advantage of a foreign nation. Acts Penalized 1. Unlawfully obtaining or permitting to be obtained information affecting national defense 2. Unlawfully disclosing information affecting national defense 3. Disloyal acts or words in time of peace 4. Disloyal acts or words in time war 5. Conspiracy to commit the preceding acts 6. Harboring or concealing violators of the Act. Espionage distinguished from treason ESPIONAGE TREASON Both are crimes not conditioned by the citizenship of the offender. May be committed both in time of peace and in time of war.

Is committed only in time of war.

May be committed in many ways.

Is limited in two ways of committing the crime: levying war, and adhering to the enemy giving him aid or comfort

Section Two – Provoking war and disloyalty in case of war  ART. 118- INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. That the offender performs unlawful or unauthorized acts; and

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2. That such acts provoke or give occasion for (a) a war involving or liable to involve the Philippines or (b) expose Filipino citizens to reprisals on their persons & property.  

Intention of the accused is immaterial. This is committed in time of peace.  ART. 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 a competent authority for the purpose of enforcing neutrality, and 3. That the offender violates such regulation. Neutrality – a nation or power which takes no part in a contest of arms going on between others is referred to as neutral. 

There must be a regulation issued by competent authority for the enforcement of neutrality. It is the violation of such regulation which constitutes the crime.

 ART. 120- CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: 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 containing data which might be useful to the enemy. Correspondence – communications by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.

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Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable because of the possibility that some information useful to the enemy might be revealed unwittingly.

Circumstances qualifying the offense: The following must concur: 1. That the notice or information might be useful to the enemy. 2. That the offender intended to aid the enemy.  ART. 121- FLIGHT TO ENEMY’S COUNTRY ELEMENTS: 1. That there is a war in which the Philippines is involved. 2. That the offender owes allegiance to the Government. 3. That the offender attempts to flee or go to enemy country. 4. That going to enemy country is prohibited by the competent authority.  An alien resident may be guilty of flight to enemy country, because an alien owes allegiance to the Philippine government albeit temporary.  Mere attempt to flee or go to enemy country when prohibited by competent authority consummates the felony. Section Three – Piracy and mutiny on the high seas  ART. 122- PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS 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.

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 b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers High seas – waters which are beyond the boundaries of the low-water mark. - parts of the sea 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 (United Nations Convention on the Law of the Sea). Philippine waters – shall refer to all bodies of water, such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breath, length or dimension, and all waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) Piracy distinguished from robbery in the high seas PIRACY ROBBERY ON THE HIGH SEAS The offender is an outsider.

The offender is a member of the complement or a passenger of the vessel.

In both, there is intent to gain and the manner of committing the crime is the same.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

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MEMORY AID IN CRIMINAL LAW Mutiny – the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.

abandoned their victims without means of saving themselves 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

Piracy distinguished from mutiny PIRACY MUTINY

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The persons who attack a vessel or seize its cargo are strangers to the vessels.

They are members of the crew or passengers.

Intent to essential.

The offenders may only intend to ignore the ship’s officers or they may be prompted by a desire to commit plunder.

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Pursuant to Art 122, as amended by P.D. 532, Piracy and Mutiny may be committed in Philippine waters.

PD 532 (ANTI-PIRACY AND ANTIHIGHWAY ROBBERY LAW OF 1974) Vessel – any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing. Punishes the act of AIDING OR ABETTING PIRACY. Requisites: 1. Knowingly aids or protects pirates; 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; 3. Directly or indirectly abets the commission of piracy. NOTE: Under PD 532, piracy may be committed even by a passenger or member of the complement of the vessel.  ART. 123- QUALIFIED PIRACY ELEMENTS: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same 2. Whenever the pirates have

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The crime referred to in the 3rd element pertains to piracy and mutiny on the high seas. Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death, regardless of the number of victims. Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried.

ANTI-HIJACKING LAW REPUBLIC ACT 6235 ACTS PUNISHED: 1. usurping or seizing control of an aircraft of Philippine registry while it is in flight; compelling the pilots thereof to change its course or destination 2. usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, 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, explosive or poisonous substances; and 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. MEANING OF “aircraft is in flight” From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.

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TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE 

All offenses in this Title are required to be committed by public officers except offending the religious feelings

Chapter One: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meeting and Crimes Against Religious Worship (Arts. 124-133) Section One – Arbitrary Detention and expulsion  ART. 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 Detention – a person is detained when he is placed in confinement or there is restraint on his person. LEGAL GROUNDS FOR THE DETENTION OF PERSONS: 1. The commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital 

The public officer liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefore.

The penalty for Arbitrary Detention depends upon the period of detention involved, a greater penalty is imposed if the period is longer as provided in the following graduations, to wit: 1. If the detention has not exceeded 3 days. 2. If the detention has continued more than 3 days but not more than 15 days.

3. If the detention has continued for more than 15 days but not more than 6 months. 4. If the detention has exceeded 6 months. 

Arrest without a warrant is the usual cause of arbitrary detention.

 ART. 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 ground ( Sec. 5, Rule 113, Rules of Court) 3. That he fails to deliver such person to the proper judicial authorities within: a) 12 hrs. for light penalties or their equivalent. b) 18 hrs. for correctional penalties or their equivalent. c) 36 hrs. for afflictive penalties or their equivalent. Circumstances considered in determining liability of officer detaining a person beyond legal period: 1. The means of communication as well as 2. The hour of arrest, and 3. Other circumstances such as the time of surrender and the material possibility of the fiscal to make the investigation and file in time the necessary information. MEANING OF “proper judicial authorities” Refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense. REASON FOR ART. 125 It is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-...