Criminal Law II Reviewer (1)
Content
Criminal Law II Reviewer
Vena V. Verga Criminal Law II Reviewer Summary of Book II
Crime
Elements
Penalty
Important Points to Remember
114 Treason
1. Philippines Offender Offender is a Filipino Filipino citiz citizen en or an alien alien residin residing g in the 2. There There is war in which the Phi Philippin lippines es is involv involved ed 3. Of Offe fend nder er ei eith ther er:: a. levies levies wa warr against against the gove governm rnment ent i. that that the there be an actua ctuall as assemb sembli lin ng of of me men, ii. ii. fo forr tthe he purp purpos ose e o off e exe xecu cuti ting ng a ttre reas ason onab able le design by force b. or adheres adheres to th the e enemies, enemies, giving giving th them em aid or c comfort omfort
Filipino Citizen RP to death and– a fine not to exceed P100,000
Treason – branch of allegiance to a government, committed
No complex crime of treason with murder, physical injuries…
1. peace Treas reason on canno cannott be commi committe tted d in time time of 2. In treason treason by levyin levying g war, war, it is not necessa necessary ry that that there there be a for formal mal declarat declaration ion of the existence of a state of war 3. The war must be directed against government 4. The purpo purpose se of lev levyin ying g war is to delive deliverr the country in whole or in part to the enemy; must be in collaboration with foreign enemy 5. The The ai aid d or comfo comfort rt given given to the enemi enemies es mustt be aft mus after er the declarat declaration ion of war; war; the enemie ene mies s must must be the sub subjec jectt of for foreig eign n power 6. No treas treason on thru thru negli negligen gence ce 7. When When common common crimes crimes are are charged charged as overt overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. 8. Treason reason by Filipino Filipino citizen citizen may be committed committed outside the Philippines 9. Treason reason is a continuo continuous us offens offense e 10. Treason reason cannot cannot be proved by circumstan circumstantial tial eviden evidence ce or extraj extrajudi udicia ciall confes confessio sion n of accused 11. Tw Two o witness rule is severely restrictive restrictive
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]
Alien – RT to death and a fine not to exceed P100,000
Aggravating Circumstances: cruelty, ignominy Art. 64 not strictly applied to treason
Aid or Comfort – an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
Gravity of
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
seriousness of acts of treason are considered
Ways of Proving Treason:
1. Testimony estimony of 2 witnesses witnesses,, at least least,, to the same overt overt act; or 2. Confession Confession of the accused accused in in ope open n cou court rt
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
12. Sufficient that witnesses witnesses are uniform uniform in their test testim imon ony y on the the over overtt act; act; it is not nece necess ssar ary y th that at th ther ere e be co corr rrob obor orat ation ion between them on the point they testified 13. Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act 14. Defense of suspended suspended allegiance and change of sovereignty is not accepted 15. Defense of obedience to de facto Government is acceptable 16. Defense Defense of duress duress or uncontrolla uncontrollable ble fear is acceptable Page 1 of 75
Criminal Law II Reviewer 115 Conspiracy and Proposal to Commit Treason
1. Conspiracy to Commit Treason
116 Misprision of Treason
1. Offender Offender must must be owing alle allegianc giance e to the governm government ent and not a foreigner 2. He has knowledge knowledge of any any conspira conspiracy cy to commit commit treason treason against the government 3. He conceals conceals o orr does n not ot discl disclose ose an and d make known known the the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides 1. By entering, entering, without without authorit authority y therefore, therefore, a warship 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
117 Espionage
118 Inciting to War or Giving Motives 119 Violation of Neutrality
2. Proposal to Commit Treason
Philippines a. Offender Offender enters enters any any of the places places m mentio entioned ned therein therein b. He has has no autho authority rity theref therefore ore c. His purpos purpose e is tto o obtain obtain info, info, p plans, lans, etc. of a confidential nature relative to defense of RP 2. By disclosing disclosing to the the repre representa sentative tive of a foreign foreign nation nation the contents of the articles, data, or information referred to in Par. Par. No. 1 which he had in his possession by reason of the public office he holds a. Off Offend ender er iis s a publi public c off office icerr b. He has in in his po possess ssession ion the article articles, s, etc. by rea reason son of the public office he holds c. He disclose discloses s their their contents contents tto o a represen representative tative of a foreign nation 1. Offender Offender performs performs unlawfu unlawfull or unauthor unauthorized ized acts acts 2. Such acts acts prov provoke oke or give give occasi occasion on for a war involvi involving ng or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property 1. There There is a war which which th the e Phili Philippine ppines s is not in involv volved ed 2. There There is a regulation regulation issued issued by co compete mpetent nt authority authority for the the purpose of enforcing neutrality 3. Offender Offender violat violates es such regul regulation ation
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga PM and a fine not exceeding P10,000 PC and a fine not exceeding P5,000 Accessory to the crime of treason
The two wit witnes ness s rul rule e does does NO NOT T apply apply to this this article
1. Conspiracy Conspiracy is one one to commit treason treason 2. Arti Article cle 116 116 is an except exception ion to the rule rule that that me mere re si sile lenc nce e does does not not ma make ke a pers person on criminally liable
PC Penalty next higher in degree shall be imposed
1. Es Espi pion onag age e – gath gather erin ing, g, tran transm smitt ittin ing, g, or losing information respecting respecting the national national defense with intent or reason to believe that the information is to be used to the injury of
if public the offender a officer be or employee.
the RP or to the advantage of any foreign nation 2. To be liable under under paragraph paragraph 1, 1, the offender offender mus must have ave the the in inte tent ntio ion n to obta obtain in information relative to the defense of RP 3. It is not necess necessary ary th that at the inform informati ation on is obtained 4. Espionage Espionage distin distinguish guished ed from from treason treason:: a. Bo Both th are are crim crimes es not not cond condit itio ione ned d on citizenship b. Esp Espion ionage age – may be be committ committed ed in many many ways, way s, both in tim time e of peace or war; war; Treason reason – 2 ways ways of committ committing ing;; and only in time of war 1. The intention intention of offende offenderr is immaterial immaterial 2. Commit Committed ted in ttime ime of peac peace e
RT if public officer or employee PM if private individual PC
1.
Neutrality – a nation or power which takes
no part part in a co cont ntes estt of arms arms goin going g on between others is referred to as neutral 2. There must be regulation issued by compet com petent ent author authority ity for enforc enforceme ement nt of neutrality Page 2 of 75
Criminal Law II Reviewer 120 Correspondenc e with Hostile Country
1. It is in time time of war in whic which h the Ph Philippi ilippines nes is iinvol nvolved ved 2. Offender Offender makes makes corre correspond spondence ence wi with th an enemy enemy country country or territory that is occupied by enemy troops 3. The c corr orresp espond ondenc ence e is either either a. Prohib Prohibite ited d by the gove governm rnment ent b. Carried in ciphers or conventional signs c. Containing Containing notice notice or iinform nformation ation wh which ich mig might ht be us useful eful to the enemy
121 Flight to Enemy’s
1. There There is a war which which th the e Phili Philippine ppines s is inv involve olved d 2. Offender Offender must must be owing owing allegianc allegiance e to the gover governmen nmentt 3. Offender Offender attemp attempts ts to flee flee or go to ene enemy my country country
Country
4. Going to to enem enemy y country country is prohibit prohibited ed by co compete mpetent nt authority
122 Piracy in General and Mutiny on the High Seas or in Philippine Waters
1. Vessel Vessel is on tthe he high high seas or or in Phili Philippine ppine water waters s 2. Offenders Offenders are not members members of its comple complement ment or or passengers of the vessel 3. Of Offe fend nder ers s eith either er a. atta attack ck or or seize seize the ves vessel sel b. seize seize the who whole le or par partt of the cargo cargo of said said vessel, vessel, it’s 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 with animo furandi and and in the spirit and intention of universal hostility Mutiny – unlawful resistance to a superior officer officer,, or the
raising of commotions and disturbances on board a ship against the authority of the commander
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga PC
PM RT if info may be useful to enemy RT to death if intention was to aid the enemy
Ar Arre rest sto o Ma ay yor
1.
– comm commun unic icat atin ing g by me mean ans s of le lett tter ers; s; or it ma may y refe referr to the the letters which pass between those who have friendly or business relations 2. Even Even if cor corres respon ponden dence ce contains contains innocen innocentt
3. 4.
1. 2.
RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters
Correspondence
matters, if such has been prohibited by the government, it is punishable Pr Proh ohib ibit itio ion n by the the gov govern rnm ment ent is not essential in paragraphs 1 and 2 Qualif Qualifyin ying g cir circum cumsta stance nces s that that must must con concur cur together: a. The The noti notice ce or in info form rmat atio ion n mi migh ghtt be useful to the enemy b. The offen offender der intend intended ed to aid the the enemy enemy An ali alien en res resid iden entt ma may y be guil guilty ty of of fl flig igh ht to enemy country Mere attempt attempt to flee flee or or go to to enemy enemy c country ountry
crime 3. consummates Ar Artic ticle le 121 must mus t be imple impleme ment nted ed by the the Government 1. High Seas – any waters on the sea coast which are without the boundaries boundaries of lowwater mark, although such waters may be in the the ju juri risd sdic icti tion onal al li limi mits ts of a fo fore reig ign n government 2. Pi Pira racy cy Di Disti sting ngui uish shed ed Fr From om Ro Robb bber ery y in High Seas
a. In pi pirracy acy offe offend nder er is an outs outsid ider er;; in robbery, offender is member of crew or b. passenger In both both,, th ther ere e is inten intentt to gain gain and and manner of committing the crime is the same 3. Piracy Piracy Distin Distinguish guished ed from from Mutiny Mutiny
a. In piracy piracy,, the offend offenders ers ar are e str stranger angers; s; in mutiny,, they are members of the crew or mutiny passengers b. In piracy piracy,, inten intentt to gai gain n is essenti essential; al; in mutiny, the intention may be to ignore ship’s officers or to commit plunder
Page 3 of 75
Criminal Law II Reviewer 123 Qualified Piracy
124 Arbitrary Detention
Qualifying Circumstances:
1. Seized Seized vessel vessel by b boardin oarding g or firing firing upon th the e same; o orr 2. Pirates Pirates hav have e abando abandoned ned their their victims victims without without means of saving themselves; or 3. Crime is accompan accompanied ied by murder murder, homicid homicide, e, phys physical ical injuries or rape 1. Offender Offender is a public officer officer or employ employee ee 2. He d det etai ains ns a pers person on 3. Detention Detention is withou withoutt legal legal grounds 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 he has not committed committed any any crime crime or, or, at least, there there is no reasonable ground for suspicion that he has committed a crime; or 2. When he he is not suffering suffering fr from om viole violent nt insanity insanity or any o other ther ailment requiring compulsory confinement in a hospital
125 Delay in Delivery of Detained Person to Proper Judicial Authorities
1. Offender Offender is a public officer officer or employ employee ee 2. He has has detained detained a pers person on for s some ome le legal gal ground ground 3. He fails fails to deli deliver ver such such person person to the pr proper oper ju judicial dicial authorities within: a. 12 hours hours for off offense enses s puni punishabl shable e by light light pena penalties lties or their equivalent b. 18 hours hours for off offense enses s puni punishabl shable e by correctiv corrective e penalties or their equivalent c. 36 hours hours for off offense enses s puni punishabl shable e by afflictiv afflictive e or capital capital or their equivalent Proper Judicial Authorities – means the courts of justice or judges or said courts vested vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained:
1. He shall shall be infor informed med of the the cause cause of his de detenti tention on 2. He shall shall be allo allowed, wed, upon upon his reques request, t, to comm communica unicate te and confer at anytime with his attorney or counsel Circumstances considered in determining liability of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga Special complex crime punishable by RP to Death regardless of number of victims 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 6 months – PM Exceeded 6 mos. – RT
Same as next preceding article: Within 12 hours for light penalties Within 18 hours for corrective penalties Within 36 hours for afflictive or capital penalties
1. Any perso person n who aid aids s or protects protects pirate pirates s or abets abets the commis commission sion of pir piracy acy sha shall ll be considered as an accomplice 2. R.A. R.A. 6235 – An Act Pun Punish ishing ing Certa Certain in Acts Acts Inimical to Civil Aviation 1.
Legal Grounds for Detention of Prisoner :
a. the commiss commission ion of a cri crime me b. violent insanity or o t he he ailment requiring the compulsory confinement of the patient in a hospital 2. Arr Arrest est withou withoutt warr warrant ant is the usual usual cause cause of arbitrary detention 3. Arrest Arrest Without Without Warrant Warrant,, When Lawful Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed 4. There is no reason reasonable able gr ground ound if officer officer only wants to know the commission of crime 5. There is arbi arbitrary trary detention detention tthru hru imprude imprudence nce 1. If the offend offender er is a pr privat ivate e person, person, the crime is illegal detention 2. Detention Detention m must ust be be for some legal ground ground 3. Article Article 125 does not not apply when the arr arrest est is by virtue of a warrant of arrest but must be a lawful arrest 4. Deli Deliv very ery does does not not co cons nsis istt in a phys physic ical al deliv delivery ery,, but in making making an acc accusa usatio tion n or cha charge rge or fil filing ing of an inf inform ormatio ation n agains againstt person 5. Duty Duty of th the e deta detain inin ing g offi office cerr is deem deemed ed comp compli lied ed wi with th upon upon the the fi fili ling ng of the the complaint with the judicial authority 6. Pro Provis vision ions s of Article Article 125 may may be waived waived if person asks for preliminary examination 7. Vi Viol olat atio ion n of Arti Articl cle e 12 125 5 does does not not affe affect ct legality of confinement under process issued by a court 8. The illegali illegality ty of the detention detention is n not ot cured cured by the filing of the information in court 9. Fi Fisc scal al is not not li liab able le,, unles nless s he orde ordere red d detention Page 4 of 75
Criminal Law II Reviewer
Vena V. Verga 10. Article Article 125 distinguished distinguished from Article 124 – in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginnin beginning g but the ill illega egality lity of the detention starts from the expiration of any of
officer detaining a person beyond legal period:
1. mea means ns of com commun munica icatio tion n 2. hour hour of arre arrest st 3. other circu circumstan mstances ces (time, etc. etc.))
126 Delaying Release
127 Expulsion
128 Violation of Domicile
1. That offen offender der is a publi public c offic officer er or employ employee ee 2. There There is a judicial judicial or execu executive tive or order der for th the e rele release ase of a prisoner or detention prisoner, prisoner, or that there is a proceeding upon a petition for t he liberation of such person 3. The offen offender der w withou ithoutt good reaso reason n del delays: ays: a. the service service of of the notice notice of su such ch orde orderr to the pr prisone isonerr b. the performan performance ce of such judicial judicial or e execu xecutive tive ord order er for the release of the prisoner c. the proceedi proceedings ngs up upon on a petition petition for the the rele release ase of su such ch person 1. Offender Offender is a public officer officer or employ employee ee 2. He expels expels any any person person from th the e Philippines Philippines or comp compels els a person to change his residence 3. The offend offender er is n not ot authoriz authorized ed to do so by llaw aw Acts Punished:
1. By entering entering a any ny dwelling dwelling agains againstt the will will of the ow owner ner thereof; or 2. By searching searching papers papers or other other effe effects cts found found therei therein n withou withoutt the previous consent of such owner; or 3. By refusing refusing tto o leav leave e the premises premises,, after having having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender Offender is a public officer officer or employ employee ee 2. He is not authoriz authorized ed by judi judicial cial orde orderr to enter the the dwellin dwelling g and / or to make a search therein for papers and other effects
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Same as Article 124
the periods of time specified without person detained detain ed having having been delivered delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126
PC
Only the court by a final judgment can order a person to change his residence
PC in minimum
1. A public public officer officer or employ employee ee is author authorized ized by by judicial order when he is armed with a search warrant duly issued by the court 2. “Agai “Against nst the wil willl of the owner” owner” presup presuppos poses es opposi opp osition tion or pro prohib hibiti ition on by sai said d own owner er,, whethe whe therr expres express s or implie implied; d; if it is only only without the consent of the owner, the crime is not committed 3. Ri Righ ghtt of offic officer er to brea break k in into to build buildin ing g or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) 4. Circumstan Circumstances ces Quali Qualifying fying the Offense: Offense: a. If the the offense offense is c committe ommitted d at nightti nighttime; me; or b. If any paper papers s or effects effects not constit constituti uting ng eviden evidence ce of a cri crime me are not return returned ed immediately after the search was made 5. Papers Papers of other other effect effects s must be found found in the dwelling
PC in medium and maximum if with Qualifying circumstances of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately
Page 5 of 75
Vena V. Verga Criminal Law II Reviewer Summary of Book II
Crime
Elements
Penalty
Important Points to Remember
114 Treason
1. Philippines Offender Offender is a Filipino Filipino citiz citizen en or an alien alien residin residing g in the 2. There There is war in which the Phi Philippin lippines es is involv involved ed 3. Of Offe fend nder er ei eith ther er:: a. levies levies wa warr against against the gove governm rnment ent i. that that the there be an actua ctuall as assemb sembli lin ng of of me men, ii. ii. fo forr tthe he purp purpos ose e o off e exe xecu cuti ting ng a ttre reas ason onab able le design by force b. or adheres adheres to th the e enemies, enemies, giving giving th them em aid or c comfort omfort
Filipino Citizen RP to death and– a fine not to exceed P100,000
Treason – branch of allegiance to a government, committed
No complex crime of treason with murder, physical injuries…
1. peace Treas reason on canno cannott be commi committe tted d in time time of 2. In treason treason by levyin levying g war, war, it is not necessa necessary ry that that there there be a for formal mal declarat declaration ion of the existence of a state of war 3. The war must be directed against government 4. The purpo purpose se of lev levyin ying g war is to delive deliverr the country in whole or in part to the enemy; must be in collaboration with foreign enemy 5. The The ai aid d or comfo comfort rt given given to the enemi enemies es mustt be aft mus after er the declarat declaration ion of war; war; the enemie ene mies s must must be the sub subjec jectt of for foreig eign n power 6. No treas treason on thru thru negli negligen gence ce 7. When When common common crimes crimes are are charged charged as overt overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. 8. Treason reason by Filipino Filipino citizen citizen may be committed committed outside the Philippines 9. Treason reason is a continuo continuous us offens offense e 10. Treason reason cannot cannot be proved by circumstan circumstantial tial eviden evidence ce or extraj extrajudi udicia ciall confes confessio sion n of accused 11. Tw Two o witness rule is severely restrictive restrictive
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]
Alien – RT to death and a fine not to exceed P100,000
Aggravating Circumstances: cruelty, ignominy Art. 64 not strictly applied to treason
Aid or Comfort – an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
Gravity of
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
seriousness of acts of treason are considered
Ways of Proving Treason:
1. Testimony estimony of 2 witnesses witnesses,, at least least,, to the same overt overt act; or 2. Confession Confession of the accused accused in in ope open n cou court rt
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
12. Sufficient that witnesses witnesses are uniform uniform in their test testim imon ony y on the the over overtt act; act; it is not nece necess ssar ary y th that at th ther ere e be co corr rrob obor orat ation ion between them on the point they testified 13. Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act 14. Defense of suspended suspended allegiance and change of sovereignty is not accepted 15. Defense of obedience to de facto Government is acceptable 16. Defense Defense of duress duress or uncontrolla uncontrollable ble fear is acceptable Page 1 of 75
Criminal Law II Reviewer 115 Conspiracy and Proposal to Commit Treason
1. Conspiracy to Commit Treason
116 Misprision of Treason
1. Offender Offender must must be owing alle allegianc giance e to the governm government ent and not a foreigner 2. He has knowledge knowledge of any any conspira conspiracy cy to commit commit treason treason against the government 3. He conceals conceals o orr does n not ot discl disclose ose an and d make known known the the same as soon as possible to governor or fiscal of province or the mayor or fiscal of the city in which he resides 1. By entering, entering, without without authorit authority y therefore, therefore, a warship 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
117 Espionage
118 Inciting to War or Giving Motives 119 Violation of Neutrality
2. Proposal to Commit Treason
Philippines a. Offender Offender enters enters any any of the places places m mentio entioned ned therein therein b. He has has no autho authority rity theref therefore ore c. His purpos purpose e is tto o obtain obtain info, info, p plans, lans, etc. of a confidential nature relative to defense of RP 2. By disclosing disclosing to the the repre representa sentative tive of a foreign foreign nation nation the contents of the articles, data, or information referred to in Par. Par. No. 1 which he had in his possession by reason of the public office he holds a. Off Offend ender er iis s a publi public c off office icerr b. He has in in his po possess ssession ion the article articles, s, etc. by rea reason son of the public office he holds c. He disclose discloses s their their contents contents tto o a represen representative tative of a foreign nation 1. Offender Offender performs performs unlawfu unlawfull or unauthor unauthorized ized acts acts 2. Such acts acts prov provoke oke or give give occasi occasion on for a war involvi involving ng or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property 1. There There is a war which which th the e Phili Philippine ppines s is not in involv volved ed 2. There There is a regulation regulation issued issued by co compete mpetent nt authority authority for the the purpose of enforcing neutrality 3. Offender Offender violat violates es such regul regulation ation
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga PM and a fine not exceeding P10,000 PC and a fine not exceeding P5,000 Accessory to the crime of treason
The two wit witnes ness s rul rule e does does NO NOT T apply apply to this this article
1. Conspiracy Conspiracy is one one to commit treason treason 2. Arti Article cle 116 116 is an except exception ion to the rule rule that that me mere re si sile lenc nce e does does not not ma make ke a pers person on criminally liable
PC Penalty next higher in degree shall be imposed
1. Es Espi pion onag age e – gath gather erin ing, g, tran transm smitt ittin ing, g, or losing information respecting respecting the national national defense with intent or reason to believe that the information is to be used to the injury of
if public the offender a officer be or employee.
the RP or to the advantage of any foreign nation 2. To be liable under under paragraph paragraph 1, 1, the offender offender mus must have ave the the in inte tent ntio ion n to obta obtain in information relative to the defense of RP 3. It is not necess necessary ary th that at the inform informati ation on is obtained 4. Espionage Espionage distin distinguish guished ed from from treason treason:: a. Bo Both th are are crim crimes es not not cond condit itio ione ned d on citizenship b. Esp Espion ionage age – may be be committ committed ed in many many ways, way s, both in tim time e of peace or war; war; Treason reason – 2 ways ways of committ committing ing;; and only in time of war 1. The intention intention of offende offenderr is immaterial immaterial 2. Commit Committed ted in ttime ime of peac peace e
RT if public officer or employee PM if private individual PC
1.
Neutrality – a nation or power which takes
no part part in a co cont ntes estt of arms arms goin going g on between others is referred to as neutral 2. There must be regulation issued by compet com petent ent author authority ity for enforc enforceme ement nt of neutrality Page 2 of 75
Criminal Law II Reviewer 120 Correspondenc e with Hostile Country
1. It is in time time of war in whic which h the Ph Philippi ilippines nes is iinvol nvolved ved 2. Offender Offender makes makes corre correspond spondence ence wi with th an enemy enemy country country or territory that is occupied by enemy troops 3. The c corr orresp espond ondenc ence e is either either a. Prohib Prohibite ited d by the gove governm rnment ent b. Carried in ciphers or conventional signs c. Containing Containing notice notice or iinform nformation ation wh which ich mig might ht be us useful eful to the enemy
121 Flight to Enemy’s
1. There There is a war which which th the e Phili Philippine ppines s is inv involve olved d 2. Offender Offender must must be owing owing allegianc allegiance e to the gover governmen nmentt 3. Offender Offender attemp attempts ts to flee flee or go to ene enemy my country country
Country
4. Going to to enem enemy y country country is prohibit prohibited ed by co compete mpetent nt authority
122 Piracy in General and Mutiny on the High Seas or in Philippine Waters
1. Vessel Vessel is on tthe he high high seas or or in Phili Philippine ppine water waters s 2. Offenders Offenders are not members members of its comple complement ment or or passengers of the vessel 3. Of Offe fend nder ers s eith either er a. atta attack ck or or seize seize the ves vessel sel b. seize seize the who whole le or par partt of the cargo cargo of said said vessel, vessel, it’s 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 with animo furandi and and in the spirit and intention of universal hostility Mutiny – unlawful resistance to a superior officer officer,, or the
raising of commotions and disturbances on board a ship against the authority of the commander
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga PC
PM RT if info may be useful to enemy RT to death if intention was to aid the enemy
Ar Arre rest sto o Ma ay yor
1.
– comm commun unic icat atin ing g by me mean ans s of le lett tter ers; s; or it ma may y refe referr to the the letters which pass between those who have friendly or business relations 2. Even Even if cor corres respon ponden dence ce contains contains innocen innocentt
3. 4.
1. 2.
RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters
Correspondence
matters, if such has been prohibited by the government, it is punishable Pr Proh ohib ibit itio ion n by the the gov govern rnm ment ent is not essential in paragraphs 1 and 2 Qualif Qualifyin ying g cir circum cumsta stance nces s that that must must con concur cur together: a. The The noti notice ce or in info form rmat atio ion n mi migh ghtt be useful to the enemy b. The offen offender der intend intended ed to aid the the enemy enemy An ali alien en res resid iden entt ma may y be guil guilty ty of of fl flig igh ht to enemy country Mere attempt attempt to flee flee or or go to to enemy enemy c country ountry
crime 3. consummates Ar Artic ticle le 121 must mus t be imple impleme ment nted ed by the the Government 1. High Seas – any waters on the sea coast which are without the boundaries boundaries of lowwater mark, although such waters may be in the the ju juri risd sdic icti tion onal al li limi mits ts of a fo fore reig ign n government 2. Pi Pira racy cy Di Disti sting ngui uish shed ed Fr From om Ro Robb bber ery y in High Seas
a. In pi pirracy acy offe offend nder er is an outs outsid ider er;; in robbery, offender is member of crew or b. passenger In both both,, th ther ere e is inten intentt to gain gain and and manner of committing the crime is the same 3. Piracy Piracy Distin Distinguish guished ed from from Mutiny Mutiny
a. In piracy piracy,, the offend offenders ers ar are e str stranger angers; s; in mutiny,, they are members of the crew or mutiny passengers b. In piracy piracy,, inten intentt to gai gain n is essenti essential; al; in mutiny, the intention may be to ignore ship’s officers or to commit plunder
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Criminal Law II Reviewer 123 Qualified Piracy
124 Arbitrary Detention
Qualifying Circumstances:
1. Seized Seized vessel vessel by b boardin oarding g or firing firing upon th the e same; o orr 2. Pirates Pirates hav have e abando abandoned ned their their victims victims without without means of saving themselves; or 3. Crime is accompan accompanied ied by murder murder, homicid homicide, e, phys physical ical injuries or rape 1. Offender Offender is a public officer officer or employ employee ee 2. He d det etai ains ns a pers person on 3. Detention Detention is withou withoutt legal legal grounds 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 he has not committed committed any any crime crime or, or, at least, there there is no reasonable ground for suspicion that he has committed a crime; or 2. When he he is not suffering suffering fr from om viole violent nt insanity insanity or any o other ther ailment requiring compulsory confinement in a hospital
125 Delay in Delivery of Detained Person to Proper Judicial Authorities
1. Offender Offender is a public officer officer or employ employee ee 2. He has has detained detained a pers person on for s some ome le legal gal ground ground 3. He fails fails to deli deliver ver such such person person to the pr proper oper ju judicial dicial authorities within: a. 12 hours hours for off offense enses s puni punishabl shable e by light light pena penalties lties or their equivalent b. 18 hours hours for off offense enses s puni punishabl shable e by correctiv corrective e penalties or their equivalent c. 36 hours hours for off offense enses s puni punishabl shable e by afflictiv afflictive e or capital capital or their equivalent Proper Judicial Authorities – means the courts of justice or judges or said courts vested vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained:
1. He shall shall be infor informed med of the the cause cause of his de detenti tention on 2. He shall shall be allo allowed, wed, upon upon his reques request, t, to comm communica unicate te and confer at anytime with his attorney or counsel Circumstances considered in determining liability of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga Special complex crime punishable by RP to Death regardless of number of victims 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 6 months – PM Exceeded 6 mos. – RT
Same as next preceding article: Within 12 hours for light penalties Within 18 hours for corrective penalties Within 36 hours for afflictive or capital penalties
1. Any perso person n who aid aids s or protects protects pirate pirates s or abets abets the commis commission sion of pir piracy acy sha shall ll be considered as an accomplice 2. R.A. R.A. 6235 – An Act Pun Punish ishing ing Certa Certain in Acts Acts Inimical to Civil Aviation 1.
Legal Grounds for Detention of Prisoner :
a. the commiss commission ion of a cri crime me b. violent insanity or o t he he ailment requiring the compulsory confinement of the patient in a hospital 2. Arr Arrest est withou withoutt warr warrant ant is the usual usual cause cause of arbitrary detention 3. Arrest Arrest Without Without Warrant Warrant,, When Lawful Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed 4. There is no reason reasonable able gr ground ound if officer officer only wants to know the commission of crime 5. There is arbi arbitrary trary detention detention tthru hru imprude imprudence nce 1. If the offend offender er is a pr privat ivate e person, person, the crime is illegal detention 2. Detention Detention m must ust be be for some legal ground ground 3. Article Article 125 does not not apply when the arr arrest est is by virtue of a warrant of arrest but must be a lawful arrest 4. Deli Deliv very ery does does not not co cons nsis istt in a phys physic ical al deliv delivery ery,, but in making making an acc accusa usatio tion n or cha charge rge or fil filing ing of an inf inform ormatio ation n agains againstt person 5. Duty Duty of th the e deta detain inin ing g offi office cerr is deem deemed ed comp compli lied ed wi with th upon upon the the fi fili ling ng of the the complaint with the judicial authority 6. Pro Provis vision ions s of Article Article 125 may may be waived waived if person asks for preliminary examination 7. Vi Viol olat atio ion n of Arti Articl cle e 12 125 5 does does not not affe affect ct legality of confinement under process issued by a court 8. The illegali illegality ty of the detention detention is n not ot cured cured by the filing of the information in court 9. Fi Fisc scal al is not not li liab able le,, unles nless s he orde ordere red d detention Page 4 of 75
Criminal Law II Reviewer
Vena V. Verga 10. Article Article 125 distinguished distinguished from Article 124 – in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginnin beginning g but the ill illega egality lity of the detention starts from the expiration of any of
officer detaining a person beyond legal period:
1. mea means ns of com commun munica icatio tion n 2. hour hour of arre arrest st 3. other circu circumstan mstances ces (time, etc. etc.))
126 Delaying Release
127 Expulsion
128 Violation of Domicile
1. That offen offender der is a publi public c offic officer er or employ employee ee 2. There There is a judicial judicial or execu executive tive or order der for th the e rele release ase of a prisoner or detention prisoner, prisoner, or that there is a proceeding upon a petition for t he liberation of such person 3. The offen offender der w withou ithoutt good reaso reason n del delays: ays: a. the service service of of the notice notice of su such ch orde orderr to the pr prisone isonerr b. the performan performance ce of such judicial judicial or e execu xecutive tive ord order er for the release of the prisoner c. the proceedi proceedings ngs up upon on a petition petition for the the rele release ase of su such ch person 1. Offender Offender is a public officer officer or employ employee ee 2. He expels expels any any person person from th the e Philippines Philippines or comp compels els a person to change his residence 3. The offend offender er is n not ot authoriz authorized ed to do so by llaw aw Acts Punished:
1. By entering entering a any ny dwelling dwelling agains againstt the will will of the ow owner ner thereof; or 2. By searching searching papers papers or other other effe effects cts found found therei therein n withou withoutt the previous consent of such owner; or 3. By refusing refusing tto o leav leave e the premises premises,, after having having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender Offender is a public officer officer or employ employee ee 2. He is not authoriz authorized ed by judi judicial cial orde orderr to enter the the dwellin dwelling g and / or to make a search therein for papers and other effects
/vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Same as Article 124
the periods of time specified without person detained detain ed having having been delivered delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126
PC
Only the court by a final judgment can order a person to change his residence
PC in minimum
1. A public public officer officer or employ employee ee is author authorized ized by by judicial order when he is armed with a search warrant duly issued by the court 2. “Agai “Against nst the wil willl of the owner” owner” presup presuppos poses es opposi opp osition tion or pro prohib hibiti ition on by sai said d own owner er,, whethe whe therr expres express s or implie implied; d; if it is only only without the consent of the owner, the crime is not committed 3. Ri Righ ghtt of offic officer er to brea break k in into to build buildin ing g or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) 4. Circumstan Circumstances ces Quali Qualifying fying the Offense: Offense: a. If the the offense offense is c committe ommitted d at nightti nighttime; me; or b. If any paper papers s or effects effects not constit constituti uting ng eviden evidence ce of a cri crime me are not return returned ed immediately after the search was made 5. Papers Papers of other other effect effects s must be found found in the dwelling
PC in medium and maximum if with Qualifying circumstances of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately
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