Elements of Crimes:

Title One – Crimes Against National Security and Law of Nations

Art. 114 – Treason

a. The offender owes Allegiance to the Government of the Philippines

b. There is a War in which the Philippines is involved
c. The offender either:
a. Levies war against the government
b. Adheres to the enemies, giving them aid or comfort

Art.115 – Conspiracy and Proposal to Commit Treason

a. Two or more persons come to an agreement to levy war against the Government or adhere
to the enemies and give them aid or comfort, and decide to commit it
b. Committed in time of war

Art.116 – Misprision of Treason

a. The offender is a Citizen of the Philippines, and not a foreigner

b. He has knowledge of any Conspiracy to commit treason against the Government
c. He Conceals or does not disclose and make known the same as soon as possible to the
proper authority

Art. 117 – Espionage

1st way

a. That the offender enters in any Warship, Fort, or Military or Naval establishment or
reservation
b. That he has no Authority therefor
c. That his Purpose is to obtain information, plans, photographs or other data of a confidential
nature relative to the defense of the Philippines

2nd way

a. That the Offender is a public officer

b. That he has in Possession articles, data or information by reason of the public office he
holds
c. That he Discloses their contents to a representative of a foreign nation

Art. 118 – Inciting to War or Giving Motives for Reprisals

 a. The offender performs Unlawful or unauthorized acts
b. Such acts:
a. Provoke or give occasion for a war involving or liable to involve the Philippines
b. Expose Filipino citizen to reprisal on their persons and property

Art. 119 – Violation of Neutrality

a. There is a War in which the Philippines is not involved

b. There is a regulation Issued by a competent authority for the purpose of enforcing
neutrality
c. The offender violates such regulation

Art. 120 – Correspondence with Hostile Country

a. It is made in Time of war in which Philippines is involved

b. The offender makes correspondence with the
a. Enemy country; or
b. Territory occupied by the enemy troops
c. The correspondence is either
a. Prohibited by the Government
b. Carried on in ciphers or conventional signs
c. Contains notice or information which might be useful to the enemy

Art. 121 – Flight to Enemy’s Country

a. There is War in which the Philippines is involved

b. The offender owes Allegiance to the Government
c. The offender Attempts to flee or go to the enemy country
d. Going to the enemy country is Prohibited by the competent authority

Art. 122 – Piracy in General and Mutiny on the High Seas or in Philippine Waters

a. A Vessel is on the high seas or in Philippine waters

b. The offenders are not members of its Complement or passengers of the vessel
c. The offenders:
a. Attack or seize the vessel
b. Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers

Art. 123 – Qualified Piracy

Title Two: Crimes Against the Fundamental Law of the State

Art. 124 – Arbitrary Detention

a. That the offender is a Public officer or employee

b. That he Detains a person; and
c. That the Detention is without legal grounds

Art. 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities

a. That the offender is a Public officer or employee

b. That he has detained a person for some legal grounds; and
c. That he Fails to deliver such person to the proper judicial authorities within:
a. 12 hrs for offenses or crimes punishable by light penalties or their equivalent
b. 18 hrs for offenses or crimes punishable by correctional penalties or their equivalent
c. 36 hrs for offenses or crimes punishable by afflictive penalties or their equivalent

Art. 126 – Delaying Release

a. That the offender is a Public officer or employee

b. That there is a Judicial or executive order for the release of a person or detention prisoner,
or that there is a proceeding upon a petition for the liberation of such person
c. That the offender without good reason delays either:
a. The Service of the notice of such order to the prisoner
b. The Performance of such judicial or executive order for the release of the prisoner
c. The Proceeding upon a petition for the release of such person

Art. 127 – Expulsion

a. That the offender is a Public officer or employee

b. That he Expels any person from the Philippines or compels a person to change his residence
and
c. That the offender is Not authorized to do so by law

Art. 128 – Violation of Domicile

a. That the offender is a Public officer or employee

b. That he is Not authorized by judicial order to enter the dwelling and/or to make a search for
papers or other effects; and
c. That the offender shall:
a. Enter any dwelling against the will of the owner thereof
 b. Search papers or other effects found therein without the previous consent of such
owner; or
c. Refuse to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the same

Art. 129 – Search Warrant Maliciously Obtained and Abuse in the Service of those Legally obtained

1st Par

a. That the offender is a Public officer or employee

b. That he Procures a search warrant
c. That there is no Just cause

2nd Par

a. That the offender is a Public officer or employee

b. That he has Legally procured a search warrant; and
c. That he Exceeds his authority or uses unnecessary severity in executing the same

Art. 130 – Searching Domicile without witnesses

a. That the offender is a Public officer or employee

b. That he is Armed with a search warrant legally procured
c. That he Searches the domicile, papers or other belonging of any person; and
d. That the owner, or any member of his family or two witnesses residing in the same locality
are not present

Art. 131 – Prohibition, Interruption. and Dissolution of Peaceful Meetings

a. That the offender is a Public officer or employee

b. That he Performs any of the acts enumerated in violation of the right to Association and
Peaceful Assembly

Art. 132 – Interruption of Religious Worship

a. That the offender is a Public officer or employee

b. That Religious ceremonies or manifestations of any religion are about to take place or are
going on; and
c. That the offender Prevents or disturbs the same

Art. 133 – Offending the Religious Feelings

 a. That the acts complained of were performed:
a. In a Place devoted to religious worship; or
b. During the celebration of any religious ceremony
b. That the Acts must be Notoriously Offensive to the feelings of the faithful

Title 3: Crimes Against Public Order

Art.134 – Rebellion/Insurrection

a. There be:
a. Public uprising; and
b. Taking up of Arms against the government
b. The purpose of the uprising or movement is either:
a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
ii. Any body of land, naval or other armed forces
b. Depriving wholly or partially any of the powers or prerogatives of the
i. Chief Executive; or
ii. Congress

Art. 134-A – Coup D’etat

a. The Offender is a person or persons belonging to the military or police or holding any public
office or employment
b. It is committed by Means of a swift attack, accompanied by violence, intimidation, threat,
strategy, or stealth
c. The Attack is directed against duly constituted authorities of the Republic of the Philippines,
or any military camp or installation, or communication networks, public utilities or other
facilities needed for the exercise and continued possession of power
d. The purpose of the Attack is to seize or diminish state power

Art. 136 – Conspiracy and Proposal to Commit Rebellion, Insurrection or Coup D’etat

Art. 137 – Disloyalty of Public Officer or Employees

a. The offender must be a public officer or employee

b. The crime presupposes the existence of rebellion by other persons
c. The offender must not be in conspiracy with the rebels

Art.138 – Inciting to Rebellion or Insurrection

 a. The offender does not take up arms or is not in open hostility against the Government
b. He Incites others to the execution or any of the acts of rebellion; and
c. The inciting is done by means of speeches, proclamations, writings, emblems. Banners, or
other representations tending to the same end,

Art. 139 – Sedition

a. The offenders Rise Publicly and Tumultuously

b. They Employ force, intimidation. Or other means outside of legal methods; and
c. The offenders employ any of those Means 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 government or any public officer 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 or employee
d. To Commit, for any political or social end any act of hate or revenge against private
persons or any social class; or
e. 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.

Art. 141 – Conspiracy to Commit Sedition

Art. 142 – Inciting to Sedition

Chapter Two: Crimes Against Popular Representation

Art. 143 – Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies

a. There be a Projected or Actual meeting of the Congress or any of its committees or

subcommittees, constitutional commissions or any provincial board or city or municipal
council or board; and
b. The offender, who may be any person prevents such meeting by Force or Fraud

Art. 144 – Disturbance of Proceedings

a. There be a Projected or Actual meeting of the Congress or any of its committees or

subcommittees, constitutional commissions or any provincial board or city or municipal
council or board; and
b. The Offender does any of the following acts:
a. He Disturbs any of such meetings; or
 b. He behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to Impair the respect due it

Art. 145 – Violation of Parliamentary Immunity

1st Par

a. The offender uses force, intimidation, threats or fraud; and

b. The purpose of the offender is to prevent any member of Congress from
a. Attending the meetings of the Congress or any of its committees or constitutional
commission, etc;
b. Expressing his opinions; or
c. Casting his vote

2nd Par

a. The offender is a public officer or employee

b. He arrests or searches any member of Congress
c. The Congress, at the time of arrest of search, is in regular or special session; and
d. That the member arrested or searched has not committed a crime punishable under the
Code by a penalty higher than prision mayor (Consti – not more than 6 years)

Art. 147 – Illegal Assemblies