CRIMINAL LAW BOOK TWO MODULE 1

INTRODUCTION

Criminal law is the foundation of criminal justice system.

The law defines the conduct that may lead to an arrest by the
law enforcers for them to be prosecuted, undergo trial before the
proper court and incarceration in prison. Under our criminal
justice system, a person cannot be convicted of a crime unless
he or she has committed a specific crime that provides for a
penalty, expressed in Latin maxim “Nullum crimen, nulla
poena sine lege” (There is no crime if there is no law punishing
it”).

In our present criminal justice system the prosecution

bears the burden to establish the guilt of the accused beyond
reasonable doubt. In discharging this burden, the prosecution’s
duty is to prove each and every element of the crime charged in
the information to warrant a finding of guilt for that crime of for
any other crime necessarily included therein. In establishing the
guilt of the accused, all the elements of the crime charged must
be proved beyond reasonable doubt by the prosecution. Hence,
even if only one element of the crime is lacking or is not
provided, the accused cannot be pronounced guilty thereof by
the court………

CRIME AGAINST NATIONAL SECURITY AND THE LAW OF

NATIONS

Treason (Art. 114)

Elements:

(1) That the offender is a Filipino citizen or resident alien;

(2) That there is a war in which the Philippines is involved; and

(3) That the offender either –

(a) Leaves war against the government or

1|Page
(b) Adheres to her enemies, giving them aid or comfort.

NOTES: Treason, in its more general sense, is the violation by a

subject of his allegiance to his sovereign or liege lord, or to the supreme
authority of the State. (See US v. Abad, 1 Phil. 440)

Treason is a war crime. It cannot be committed in time of

peace; it is punished by the state as a measure of self-defense and self-
prevention. (Laurel v. Misa, 77 Phil. 865)

The two modes of committing treason are: (1) By levying war

against the Government; (2) By adhering to the enemies of the Philippines
giving them the aid or comfort.

Ways of proving treason: (1) Testimony of two witnesses, at least,

to the same overt act (“The two-witness rule”); or (2) Confession of the
accused in open court.

Conspiracy and Proposal to Commit Treason (Art. 115)

Conspiracy to Commit Treason

Elements:

(1) That there is war in which the Philippines is involved;

(2) That at least two persons come to an agreement to – (a) levy war
against the government or (b) adhere to the enemies, giving them aid or
comfort,

(3) That they decide to commit it.

Proposal to Commit Treason

Elements:

(1) That there is war in which in the Philippines is involved;

(2) That at least one person decides to:

(a) Levy war against the government or

(b) Adhere to the enemies, giving them aid or comfort;

(3) That he propose its execution to some other persons.

2|Page
 NOTES: Under Article 115, mere conspiracy to commit treason is a
felony. Mere proposal to commit treason is also a felony. (Reason: In
treason, the very existence of the state is endangered

The two-witness rule does not apply to these crimes. (US v Bautista,
6 Phil. 581)

Misprision to Treason (Art. 116)

Elements:

(1) That the offender owes allegiance to the Government, and is not a
foreigner;

(2) That he has knowledge of conspiracy to commit treason against the

Government;

(3) That he conceals or does not disclose and make known the same as
soon as possible to the governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides.

NOTE: Misprision of treason cannot be committed by a resident alien.

And the offender is a “principal” in the crime of misprision of treason.

Espionage (Art. 117)

(1) 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:

(a) That the offender enters any of the places mentioned;

(b) That he has no authority therefor;

(c) That his purpose is to obtain any information, plans, photographs,

or other data of a confidential nature relative to the defense of the
Philippines.

3|Page
(2) Disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in paragraph 1 of Article 117,
which he has in possession by reason of the public office he holds:

(a) That the offender is a public officer;

(b) That he has in his possession the articles, data or information

referred to in paragraph 1 of Article 117 by reason of the public office he
holds;

(c) That he discloses their contents to a representative of a foreign

nation.

NOTES: It 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 to the advantage of any foreign nation. (See Sec. 1 and other
sections of Commonwealth Act. No. 616)

Espionage may be committed both in time of peace and time of

war.

Inciting to War or Giving Motives for Reprisals (Art. 118)

Elements:

(1) That the offender performs unlawful or unauthorized acts;

(2) That the acts provoke or give occasion for:

(a) A war involving or liable to involve the Philippines; or

(b) Exposure of Filipino citizens to reprisals on their persons or

property

Violation of Neutrality (Art. 119)

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 to enforce

neutrality;
4|Page
(3) That the offender violates the regulation.

Correspondence with Hostile Country (Art. 120)

The elements of the crime are:

(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 enemy troops;

(3) That the correspondence is either:

(a) Prohibited by the Government;

(b) Carried on in ciphers or conventional signs; or

(c) Containing notice or information which might be used to the

enemy.

Flight to Enemy's Country (Art. 121)

Elements:

(1) That there is 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 an enemy country is

prohibited by competent authority.

NOTE: An alien resident may be guilty of flight to enemy’s country.

Mere attempt to flee or go to enemy’s country, when prohibited by
competent authority, consummates the crime.

Piracy (Art. 122)

Elements:

(1) That the vessel is on high seas or Philippine waters;

(2) That the offenders are neither member of its complement nor
passengers of the vessel;
5|Page
(3) That the offenders either:

(a) Attack or seize a vessel on the high seas or in Philippine waters;

(b) Seize in the vessel while on the high seas or in Philippine waters
the or part of the cargo of said vessel, its equipment, or personal
belongings of its complement or passengers;

(4) That there is intent to gain.

NOTES: It is robbery or forcible depredation on the high seas,

without lawful authority and done with animo furandi (intent to steal) and
in the spirit and intention of universal hostility. (People v. Lol-lo, 43 Phil. 19
[1922])

The crime of piracy is an exception to the rule on territoriality in

criminal law. It is a reprehensive crime against the whole world. (See
People v. Tulin, G.R. No. 111709, August 30, 2001)

Mutiny (Art. 122)

Elements:

(1) That the vessel is on high seas or Philippine waters;

(2) That the offenders are members of its complement or passengers of the
vessel;

(3) That the offenders either:

(a) Attack or seize a vessel on the high seas or in Philippine waters;

(b) Seize in the vessel while on the high seas or on Philippine waters
the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.

Qualified Piracy (Art. 123)

Elements:

(1) That the vessel is on the high seas or Philippine waters;

6|Page
(2) That the offenders may or may not be members of its complement, or
passengers of the vessel;

(3) That the offenders either:

(a) Attack or seize the vessel; or

(b) Seize the whole or part of the cargo, its equipment, or in personal
belongings of the crew or passengers;

(4) That the preceding were committed under any of the following
circumstances:

(a) Whenever they have seized a vessel by boarding or firing upon

the same;

(b) Whenever the pirates have abandoned their victims without

means of saving themselves; or

(c) Whenever the crime is accompanied by murder, homicide,

physical injuries, or rape. (As amended by R.A. No. 7659)

NOTE: Piracy in general and mutiny on the high seas or in Philippine

waters are no considered as acts of terrorism under R.A. No. 9372, also
known as the “Human Security Act of 2007.”)
Exercises

Answer the following:

1. Bono and Bana where both photographer who is very in love and
scheduled to marry each other. Looking for the perfect site for their
wedding pictorial they bump into a naval establishment. Enchant with the
beauty and uniqueness of the place they enter the said establishment and
took a picture of each other. Captured in the pictures are the secret
armaments that is consider as very confidential. After which they post
those pictures on their Facebook Account and the said confidential
information were exposed to the enemy country. Are Bono and Bana guilty
for the crime of espionage? Explain your answer.

2. The State of Etheria is involved in a war against the State of Hathoria,

the former expressly prohibited its people from going to the latter. Seeking
some relaxation, A an alien (a saperian residing in the State of Etheria)

7|Page
attempted to go to the State of Hathoria, but was stopped at the airport.
What crime did A commit, if any? Explain your answer.
3. Yorme, the mayor of the Municipality of Malubak, ordered the detention
of Erap, who is suffering from a life-threatening disease. What crime Yorme
has committed, if any? Explain your answer.

CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

Arbitrary Detention (Art. 124)

Elements:

(1) That the offender is a public officer or employee;

(2) That the offender detains a person;

(3) That the detention is without legal grounds.

NOTES: There can be no arbitrary detention without confinement or

restraint of person. A public functionary who, except by reason of crime, detains a
person without authority law or general regulations I force in the Philippines, is
guilty of arbitrary detention (US v. Braganza, et. Al., 10 Phil. 79)

Arbitrary detention is committed by a public officer or employee while illegal

detention is committed by a private person.

The legal grounds for detention of any person are: (1) the commission of a
crime; (2) violent insanity or other ailment requiring the compulsory of a patient
in a hospital

Delay in the delivery of Detained Person to proper Judicial

Authorities (Art. 125)

Elements:

(1) That the offender is a public officer or employee;

(2) That he detains a person for some legal grounds;

(3) That he fails to deliver such person to the proper judicial authorities within the
period of:

(a) Twelve (12) hours, for crimes or offenses punishable by light penalties,
or their equivalent;
8|Page
 (b) Eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; and

(c) Thirty-six (36) hours, for crimes or offenses punishable by afflictive or

capital penalties, or their equivalent.

NOTES: Judicial authorities refer to the Supreme Court and such inferior courts as
may be established by law. A fiscal or public prosecutor is not considered a judicial
authority under Article 125. (See Gayo v. Chief of Police, 80 Phil. 859)

Expulsion (Art. 127)

Elements:

(1) That the offender is a public officer or employee;

(2) That he either:

(a) Expels any person from the Philippines or

(b) Compels such person to change his residence;

(3) That the offender is not authorized to do so under law.

Violation of Domicile (Art. 128)

Acts punishable under Article 128

(1) Entering any dwelling against the will of the owner thereof;

(2) Searching papers or other effects found therein without the previous consent
of such owner; or

(3) Refusing to leave the premises, after having surreptitiously entered said
dwelling, and after having been required to leave the same.

NOTE: The common elements of the foregoing acts are: (1) That the
offender is a public officer or employee; (2) That he is not authorized by judicial
order to enter the dwelling or to make a search therein for papers or other effects.

Search Warrants Maliciously Obtained and Abuse in the

Service of Those Legally Obtained (Art. 129)

9|Page
Elements:

1. Procuring a search warrant without just cause:

(a) That the offender is a public officer or employee;

(b) That he procures a search warrant;

(c) That there is no just cause.

2. Exceeding authority or using unnecessary severity in executing a search

warrant legally procured:

(a) That the offender is a public offender or employee;

(b) That he has legally procured a search warrant;

(c) That he exceeds his authority or uses unnecessary severity in executing

the same.

Searching Domicile Without Witnesses (Art. 130)

Elements:

(1) That the offender is a public officer or employee;

(2) That he is armed with a search warrant legally procured;

(3) That he searches the domicile, papers or other belongings of any person;

(4) That the owner or any members of his family or two witnesses residing in the
same locality are not present.

Prohibition, Interruption and Dissolution of Peaceful

Meetings (Art. 131)

Elements:

(1) That the offender is a public officer or employee;

(2) That he performs any of the following acts:

10 | P a g e
 (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; or

(c) Prohibiting o hindering any person from addressing, either alone or

together with others, ant petition to the authorities for the correction of
abuses or redress of grievances.

Interruption of Religious Worship (Art. 132)

Elements:

(1) That the offender is a public officer or employee;

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

(3) That the offender prevents or disturbs the same.

Offending the Religious Feelings (Art. 133)

Elements:

(1) That the acts complained of were performed in a place devoted to religious
worship, or during the celebration of any religious ceremony;

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

CRIMES AGAINST PUBLIC ORDER

Rebellion or Insurrection (Art. 134)

Elements:

(1) That there is a public uprising and taking arms against the Government;

(2) That the purpose of uprising and taking arms against the Government;

(3) That the purpose of uprising or movement is:

11 | P a g e
 (a) To remove from the allegiance to said Government or its laws, the
territory of the Republic of the Philippines or any part thereof, of any body
of land, naval or other armed forces, or

(b) To deprive the Chief Executive or the Legislature, wholly or partially, of

any of their powers or prerogatives.

NOTES: Offenses which were not committed in furtherance of the rebellion,

but for personal reasons or other motives, are to be punished separately even if
committed simultaneously with the rebellious acts. (People v. Oliva, G.R. No.
106826, January 18, 2001, 341 SCRA 78)

Rebellion or Insurrection is now considered as an act of terrorism under R.A.

No. 9372.

Coup d’etat (Art. 134-A)

Elements:

(1) That the offender is person or persons belonging to the military or police or
holding any public officer or employment;

(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 the duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, 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.

NOTE: Coup d’etat is now considered as an act of terrorism under R.A. 9372

Conspiracy and Proposal to commit Coup d’etat, Rebellion

or Insurrection (Art. 136)

Conspiracy to Commit Coup d’etat Rebellion or Insurrection

Elements:

(1) That two or more persons come to an agreement to swiftly attack or to rise
publicly and take arms against the Government for any of the purposes of
rebellion or insurrection;

12 | P a g e
(2) That they decide to commit it.

Proposal to Commit Coup d’etat, Rebellion or Insurrection

Elements:

(1) That a person has decided to swiftly attack or to rise publicly and take arms
against the Government for any of the purposes of rebellion or insurrection;

(2) That such person proposes its execution to some other person or persons.

Sedition (Art. 139)

Elements:

(1) That the offenders rise publicly and tumultuously;

(2) That the offenders employ force, intimidation, or by other means outside of
legal methods;

(3) That the purpose is 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 National Government, or any provincial or municipal

government, or any public officer thereof 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 of employee;

(d) To commit, for any political or social end, any act of hate or revenge against
private persons or any social class; and € to despoil, for any political or social end,
any person, municipality or province, or the National Government of all its
property or any part thereof.

Conspiracy to commit sedition (Art. 141)

Elements:

(1) Two or more persons come to an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition;

13 | P a g e
(2) That they decide to commit it.

Inciting to Sedition (Art. 142)

The acts punished under Article 142 are:

1. Inciting others to the accomplishment of any of the acts which constitute

sedition, by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end;

2. Uttering seditious words or speeches which tend to disturb the public peace;

3. Writing, publishing, or circulating scurrilous libels against the Government, or

any of the duly constituted authorities thereof, or which tend to disturb or obstruct
any lawful officer in executing the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful purposes, or which suggest or
incite rebellious conspiracies or riots, or which lead or tend to stir up the people
against the lawful authorities or to disturb the peace of the community, the safety
and order of the Government or who shall knowingly conceal such evil practices.

NOTE: Common elements of the foregoing acts are: (1) That the offender
does not take direct part in the crime of sedition; (2) That he incites others to the
accomplishment of any of the acts which constitutes sedition; (3) That inciting is
done by means of speeches, proclamations, writings, emblems, cartoons, banners,
or other representations.

Direct Assaults (Art. 148)

The acts punished under Art. 148 and their respective elements are:

1. Without a public uprising, by employing force or intimidation for the attainment

of any of the purposes enumerated in defining the crimes of rebellion and sedition:

(a) That the offender employs force or intimidation;

(b) That the aim of the offender is to attain in any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition;

(c) That there is no public uprising.

2. Without a public uprising, by attacking, by employing force or by seriously

intimidating or resisting any person in authority or any of his agents, while
engaged in the performance of official duties, or on occasion of such performance:
14 | P a g e
 (a) That the offender makes an attack, employs force, makes a serious
intimidation, or makes a serious resistance;

(b) That the person assaulted is a person in authority or his agent;

(c) That at the time of the assault, the person in authority or his agent is
engaged in the actual performance of official duties, or that he is assaulted
by reason of the past performance of official duties;

(d) That the offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties;

(e) That there is no public uprising.

NOTE: There may be assault even if both the offended party and the
offender are public officers. (See US v. Vallejo, 11 Phil. 193)

Indirect Assaults (Art. 149)

Elements:

(1) That a person in authority or his agent is the victim of any of the forms of
direct assault defined in Article 148;

(2) That a person comes to the aid of such authority or his agent;

(3) That the offender makes use of force or intimidation upon such person coming
to the aid of the authority.

Persons in authority and agents of persons are authority (Art. 152)

Who shall be deemed as such? - In applying the provisions of the preceding

and other articles of this Code, any person directly vested with jurisdiction,
whether as an individual or as a member of some court or governmental
corporation, board or commission, shall be deemed a person in authority. A barrio
captain and a barangay chairman shall also be deemed a person in authority.

"Any person who, by direct provision of law or by election or by

appointment by competent authority, is charged with the maintenance of public
order and the protection and security of life and property, such as barrio
councilman, barrio policeman and barangay leader, and any person who comes to
the aid of persons in authority, shall be deemed an agent of a person in
authority."

"In applying the provisions of Articles 148 and 151 of this Code, teachers,
professors, and persons charged with the supervision of public or duly recognized
15 | P a g e
private schools, colleges and universities, and lawyers in the actual performance of
their professional duties or on the occasion of such performance shall be deemed
persons in authority."

Alarms and Scandals (Art. 155)

Elements:

(1) Any person who within any town or public place shall discharge any firearm,
rocket, firecracker, or other explosives calculated to cause alarm or danger;

(2) Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;

(3) Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or

(4) Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places, provided that the circumstances of the case shall not
make the provisions of Article 153 applicable (Tumults and her disturbance or
interruption liable to cause disturbance).

Delivering Prisoners from Jails (Art. 156)

Elements:

(1) That there is a person confined in a jail or penal establishment;

(2) That the offender removes therefrom such person, or helps the escape of such
person.

Evasion of Service of Sentence (Art. 157)

Elements:

(1) That the offender is a convict by final judgment;

(2) That he “is serving his sentence which consists in deprivation liberty”; and

(3) That he evades service of sentence by escaping during the term of his
sentence.

NOTES: By the express terms of the statute, a convict evades “service of

his sentence” by “escaping judgment”. Indeed, evasion of sentence is but another

16 | P a g e
expression of the term “jail breaking” (Pangan v. Galbalite, et.al. G.R. No. 141718,
Jan. 21, 2005).

If the penalty is destierro, Article 157 may be applied because destierro

involves partial deprivation of liberty. (See People v. Alilong, 82 Phi. 174)

Post Module Questions:

1. Give five examples of crimes against national security and the law of
nations.

2. What are the two modes of committing Espionage?

3. What are the legal grounds for detention of any person?

Resources:

Reyes, L. B. The Revised Penal Code, Criminal Law Book 2, 2012

Edition. C.M. Recto, Manila: Rex Book Store, 2012.

Sandoval, E.G. Pointers in Criminal Law. C.M. Recto, Manila: Rex

Book Store, 2016

Tulalian, V. T. The Revised Penal Code Book 2 Specific Crimes and

their Elements. Philippines: Wiseman’s Book Trading, 2016.

17 | P a g e
18 | P a g e