crim ii art 114 - 124 memory aid

Crime Elements Penalty Points to Remember

Art. 114: Treason

1. Offender is a Filipino citizen or an alien residing in the Philippines

2. There is war in which the Philippines is involved

3 . O ff e n d e r e i t h e r :

a. levies war against the government;

a1.that there be an actual assembling of men

a2.for the purpose of executing a treasonable design by force

b. or adheres to the enemies AND giving them aid or comfort

Treason– branch of allegiance to a government, committed by a person who owes allegiance to it

Allegiance– obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive; either permanent or temporary

Adherence to Enemy– intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interests

Aid or Comfort– an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an 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:

Filipino Citizen –RP to death and a fine not to exceed P100,000

Alien – RT to death and a fine not to exceed P100,000

No complex crime of treason with murder, physical injuries…(PP vs Robles, killing is part and parcel of treason. An overt act that supplied a vital ingredient of treason) however if the crime committed is totally independent of being a traitor, he can be charged for the private crime committed separately (Carillo).

Aggravating Circumstances: cruelty, ignominy (not part and parcel of the crime of treason and not a separate offense but an aggravating circumstance)

Art. 64 not strictly applied to treason

Gravity of seriousness of acts of treason are considered

1. T r e a s o n c a n n o t b e c o m m i t t e d i n t i m e o f peace (can only be committed during wartime; however according to Sir Carillo it can be committed during peacetime but they cannot be charged for treason bec it is committed before the war actually broke out) there can be no traitors at peacetime, persons committing treason at peacetime be traitors when war actually broke out

2. The highest of crimes known to law (Carillo)

3. It involves external wars NOT INTERNAL wars (MILF, NPA). Involves in internal war may be charged with rebellion.

4. In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war

5. The war must be directed against the government

6. The purpose of levying war is to deliver the country in whole or in part to the enemy; must be in collaboration with foreign enemy

7. The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of foreign power

8. The giving of aid or comfort must be actual or physical. Render assistance to them as enemies and not merely as an individuals and directly in furtherance of the enemies’ hostile design (Carillo).

9. No t r e aso n th ru n e g l i ge nce

10. Wh e n c om mo n c r i me s a r e ch a r ge d as o v e r t acts of treason, they cannot be regarded as separate crimes or as complexed by treason.

11. Treason by Filipino citizen may be committed outside the Philippines

12. T r e aso n i s a c on t in uou s off e nse

13. Treason cannot be proved by circumstantial e v i de nce o r e x t r a j ud i c i a l co n fe ss io n o f accused

14. Two witness rule is severely restrictive

15. Sufficient that witnesses are uniform in their testimony on the overt act; it is not


1. Testimony of 2 witnesses, at least, to the same overt act; or

(the testimony need not be identical but it must be of the same act….)

(both must be credible)

2. Confession of the accused in open court

necessary that there be corroboration between them on the point they testified

16. Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act

17. Defense of suspended allegiance and change of sovereignty is not accepted

18. Defense of obedience to de facto Government is acceptable (ex. being a member of police force or being appointed as a mayor bec. Even if no war, there should one be appointed to administer the city).

19. Defense of duress or uncontrollable fear is acceptable

20. Examples of treason (furnishing of arms, troops, supplies, information and other directly related in acts of war)

21. Examples of acts not constituting treason (accepting public office or discharge of public function EXCEPTION if it is policy determining)

115 Conspiracy

and Proposal

to Commit Treason

Conspiracy to Commit Treason

PM and a fine not exceedingP10,000

1. The two witness rule does NOT apply to this article (Pp vs Bautista)

2. Exception to the general rule that conspiracy and proposal are not punishable

3. The fact that someone conspire or propose for conspiracy is punishable

4. Someone cannot be liable if the conspired/proposed treason is actually committed for they will be liable of treason. The conspiracy and proposal will become part of treason

5. If the proposal is not accepted, punish the proponent. If treason does not actually took part, punish the conspirator

Proposal to Commit Treason

PC and a fine not exceedingP5,000

116Misprision of Treason

1. Offender must be owing allegiance to the government and not a foreigner

2. He has knowledge of any conspiracy to commit treason against the government

3. He conceals or does not disclose and

Accessory to the crime of treason

1. Conspiracy is one to commit treason

2. Article 116 is an exception to the rule that mere silence does not make a person criminally liable


make known the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides

117 Espionage

1. By entering, without authority therefore, 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. Offender enters any of the places mentioned therein

b. He has no authority therefore

c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP

2. By disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds

a. Offender is a public officer

b. He has in his possession the articles, etc. by reason of the public office he holds.

c. He discloses their contents to a representative of a foreign nation

PC Penalty next higher in degree shall be imposed if the offender be a public officer or employee.

1. Espionage -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 RP or to the advantage of any foreign nation

2. To be liable under paragraph 1, the offender must have the intention to obtain information relative to the defense of RP

3. It is not necessary that the information is obtained

4. Espionage distinguished from treason

a. Both are crimes not conditioned on citizenship

b. Espionage – may be committed in many ways, both in time of peace or war;

c. Treason – 2 ways of committing; and only in time of war

118 Inciting to

War or Giving

Motives

1. Offender performs unlawful or unauthorized acts

2. Such acts provoke or give occasion for a war

RT if public officer or employee

PM if private individual

1. The intention of offender is immaterial

2. Committed i n t i me o f pe ac e


involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property

119 Violation

of Neutrality

1. There is a war which the Philippines is not involved

2. There is a regulation issued by competent authority for the purpose of enforcing neutrality

3. Offender violates such regulation

PC 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 regulation issued bycompetent authority for enforcement of neutrality

The regulation is usually would make in a form of prohibition to travel

120Correspondence with

Hostile Country

1. It is in time of war in which the Philippines is involved

2. Offender makes correspondence with an enemy country or territory that is occupied by enemy troops

3. Th e co r r esp on de nce i s e i t he r

a. P ro h i b i te d by the g ove rnm en t

PC

1. Correspondence - communicating by means of letters; or it may refer to the letters which pass between those who have friendly or business relations

2. Even if correspondence contains innocent matters, if such has been prohibited by the government, it is punishable

3. Prohibition by the government is not essential in paragraphs 1 and 2

4. Qualifying circumstances that must concur together:

a. The notice or information might be useful to the enemy

b. The offender intended to aid the enemy

b. Ca r r i e d i n c i phe rs o r co nven t iona l s i gns

P M

c. Co n ta i n i ng notice or information which might be useful to the enemy

RT if info may be useful to enemy

RT to death if intention was to aid the enemy

121 Flight to Enemy’s Country

1. There is a war which the Philippines is involved

2. Offender must be owing allegiance to the government

3. Offender attempts to flee or go to enemy

A r r e s t o M a y o r 1. A n a l i e n r e s i d e n t m a y b e g u i l t y o f fl i g h t t o enemy country

2. Mere attempt to flee or go to enemy country consummates crime

3. A r t i c l e 1 2 1 m u s t b e i m p l e m e n t e d b y t h e Government


country

4. Going to enemy country is prohibited by competent authority

122 Piracy in General

and Mutiny on the High

Seas or in Philippine

Waters

1. Vessel is on the high seas or in Philippine waters

2. Offenders are not members of its complement or passengers of the vessel

3. O ff e n d e r s e i t h e r

a . a t t ac k o r se i z e t he ves sel

b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement or passengers

Piracy– robbery or forcible depredation on the high seas, without lawful authority and done withanimo furandi and in the spirit and intention of universal hostility

Mutiny– unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander

RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters

1. High Seas– any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in t h e j u r i s d i c t i o n a l l i m i t s o f a fo r e i g n government

2. P i r a c y D i s t i n g u i s h e d F r o m Ro b b e r y i n High Seas

a. I n p i r a c y o ff e n d e r i s a n o u t s i d e r ; i n robbery, offender is member of crew or passenger

b. I n b o t h , t h e r e i s i n t e n t t o g a i n a n d manner of committing the crime is the same

3. Piracy Distinguished from Mutiny

a. In piracy, the offenders are strangers; in mutiny, they are members of the crew or passengers

b. I n p i ra cy , i n te n t t o ga i n i s e sse n t ia l ; i n mutiny, the intention may be to ignore ship’s officers or to commit plunder

4. PD 532

a. The coverage of the law embraces any persons including any passengers or member of the crew committing piracy in Philippine waters.

b. Applicable only if the crime committed in the Philippine waters.

Piracy committed in the High Seasa. Use the Revised Penal Code

Piracy committed in the Philippine Seas

a. Use the Revised Penal Code or; b. PD 532

123 Qualified

Piracy

Qualifying Circumstances:

1. Seized vessel by boarding or firing upon the same; or

2. Pirates have abandoned their victims without

Special complex crime punishable by RP to Death regardless of number of victims

1. Any pe rso n who a i d s o r p ro te c t s p i r a te s o r ab e t s t he co mm iss io n o f p i r ac y sha l l be considered as an accomplice

2. R .A . 6 235 – An Ac t P un i sh i ng Ce r ta in Ac t s Inimical to Civil Aviation (Anti-Hijacking Law)


means of saving themselves; or

3. Crime is accompanied by murder, homicide, physical injuries or rape

124 Arbitrary Detention

1. Offender is a public officer or employee

2 . H e d e t a i n s a p e r s o n

3. Detention is without legal grounds

Detention– when a person 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; or

2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

Not exceeded 3 days – A Mayor in maximum to PC in minimum More than 3 less than 15 days

–PC in medium and maximum More than 15 not more than 6months

– PM Exceeded 6 mos.– RT

1. Legal Grounds for Detention of Prisoner

a . the co mm iss io n o f a c r im e

b. v i o l e n t i n s a n i t y o r on t h e a i l m e n t requiring the compulsory confinement of the patient in a hospital

2. A r r e s t w i thou t wa r r an t i s t he us ua l ca use o f arbitrary detention

3. Arrest Without Warrant, When Lawful (Sec. 5Rule 113)

a. P e r sona l knowledge is required

b. A crime must in fact or actually have been committed

4. The re i s no re a sona b l e g r ound i f offic er o n ly wants to know the commission of crime

5. There is arbitrary detention thru imprudence

crim ii art 114 - 124 memory aid

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