Criminal Law Handout Unit 1 1

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Republic of the Philippines

Mountain Province State Polytechnic College


Bontoc, Mountain Province

CRIMINAL LAW (BOOK 2)

HANDOUT UNIT 1

CRIMINAL LAW

Prepared by:
ATTY. EUNICE FLEUR BELVIS
Mobile Number: 09478429759
[email protected]

Criminology Department

Second Semester, School Year 2023-2024


CRIMINAL LAW (BOOK 2)

CRIMES UNDER THE REVISED PENAL CODE


1. CRIMESAGAINST NATIONAL SECURITY AND LAWS OF NATIONS
2. CRIMESAGAINST THE FUNDAMENTAL LAW OF THE STATE
3. CRIMESAGAINST PUBLIC ORDER
4. CRIMESAGAINST PUBLIC INTEREST
5. CRIMESAGAINST PUBLIC MORALS
6. CRIMESCOMMITTED BY PUBLIC OFFICERS
7. CRIMESAGAINST PERSONS
8. CRIMESAGAINST PERSONAL LIBERTY AND SECURITY
9. CRIMESAGAINST PROPERTY
10. CRIMES
AGAINST CHASTITY
11. CRIMES
AGAINST THE CIVIL STATUS OF PERSONS
12. CRIMES
AGAINST HONOR

UNIT 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS


Article 114. Treason
Article 115. Conspiracy and proposal to commit treason
Article 116. Misprision of treason
Article 117. Espionage
Article 118. Inciting to war or giving motives for reprisals
Article 119. Violation of neutrality
Article 120. Correspondence with hostile country
Article 121. Flight to enemy country
Article 122. Piracy in general and mutiny on the high seas
Article 123. Qualified piracy

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS


Section 1. Treason and Espionage

Art. 114. Treason - is a breach of allegiance to a government committed by a person


who owes allegiance to it.

Elements: (FRAP- LAW)


1. The offender (a Filipino citizen or a Resident Alien) owes allegiance to the
Government of the Philippines
2. The offender either:
a. Levies war against the Government; or
b. Adheres to the enemies by giving them aid or comfort
3. There is a War in which the Philippines is involved

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

Can treason committed in a foreign country be prosecuted in the Philippines?


Yes. Treason committed in a foreign country may be prosecuted in the Philippines.

Where is the place of commission of the crime?


1. If he is a Filipino citizen, it can be anywhere since he owes permanent allegiance
which consists in the obligation of fidelity and obedience which a citizen or subject
owes to his government or sovereign;
2. If he is an Alien, it can only be in the Philippines except in case of conspiracy. An
alien owes only temporary allegiance to the country where he resides. Temporary
allegiance is the obligation of fidelity and obedience which a resident alien owes to
the Philippine Government.

Nature of Treason
Treason is a war crime (hence, cannot be committed during a time of peace), punished
by the state as a measure of self-defense and self-preservation.

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Punishable Acts of Treason
1. Levying war – requires concurrence of:
a. An actual assembling of men; and
b. For the purpose of executing a treasonable design by force;
2. Adherence to enemies – requires concurrence of:
a. Actual adherence to the enemies; and
b. Giving aid or comfort to them.
Example: Serving as informer and active member of the Japanese Military Police

Notes on Treason by Levying War


1. Levying war must be with intent to overthrow the government, not merely to
resist a particular statute or to repel a particular officer. It matters not how vain
and futile the attempt was and how impossible its accomplishment.
2. In treason by levying war, it is not necessary that there be a formal declaration
of the existence of a state of war. Actual hostilities may determine the date of
the commencement of war.

Notes on Treason by Adherence to Enemies


In Adherence to enemies, there is intent to betray when a citizen intellectually
or emotionally favors the enemy and harbors sympathies or convictions disloyal to his
country’s policy or interest.

Enemy - refer to a foreign country. It applies only to the subjects of a foreign power in
a State of hostility with the traitor’s country because this Article treats of circumstances
of war.

Aid or Comfort - is the 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. It must be a
deed or physical activity.
Examples: Furnishing the enemy with arms, troops, supplies, information or means of
transportation, and not merely a mental operation.

Note:
1. The overt act must be intentional. There is no treason through negligence.
2. Giving information to the enemy or commandeering foodstuffs for the enemy is
evidence of both adherence and aid or comfort.

Acts not considered as treason


1. Commandeering of women merely to satisfy the lust of the enemy
2. Marriage of the accused to a Japanese woman and employment as an
interpreter

Ways to prove:
1. Treason (Overt act of giving aid or comfort)
a. Testimony - at least 2 witnesses to the same overt act; or
b. Judicial confession of the accused in open court.
2. Adherence
a. One witness;
b. Nature of act itself; or
c. Circumstances surrounding the act.

Two-witness rule:
Testimonies need not be identical, but must relate to the same overt act. It is
sufficient that the witnesses are uniform in their testimonies on the overt act; not
necessarily that there be a corroboration between them on the point they testified on.
The two-witness rule is severely restrictive; hence, each of the witnesses must
testify to the whole overt act; or if it is separable, there must be two witnesses to each
part of the overt act.

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Reason for two-witness rule:
The special nature of the crime requires that the accused be afforded a special
protection not required in other cases so as to avoid a miscarriage of justice.

Treason is a continuous offense


Treason is a continuous offense. Even after the war, the offender can still be prosecuted.

Treason cannot be complexed with other crimes


There is no complex crime of treason with murder or physical injuries. This is because,
when the deed is charged as an element of treason, it becomes identified with treason.
It cannot be the subject of a separate punishment, or used in combination with treason
to increase the penalty which Art.48 of the RPC provides.

Art. 115. Conspiracy and Proposal to Commit Treason


Elements of conspiracy to commit treason
1. There is a war in which the Philippines is involved;
2. 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. They decide to commit it.

Elements of proposal to commit treason


1. There is a war in which the Philippines is involved;
2. At least one person decides to –
a. levy war against the government; or
b. adhere to the enemies, giving them aid or comfort;
3. He proposes its execution to some other persons.

Conspiracy and Proposal to commit a felony as a general rule


As a general rule, conspiracy and proposal to commit a felony is not punishable. (Art.
8) Art. 115 is an exception as it specifically penalizes conspiracy and proposal to
commit treason. Mere proposal even without acceptance is punishable. If the other
accepts, it is already conspiracy.

Effect when the acts of Treason are committed after Conspiracy or Proposal
If acts of treason are committed after the conspiracy or proposal, the crime
committed will be treason, and the conspiracy or proposal is considered as a means
in the commission thereof. The act of conspiracy and proposal are absorbed therein.

Note: Two-witness rule is not applicable since this is a crime separate and distinct
from treason.

Art. 116. Misprision of Treason


Misprision of treason is the failure of a citizen to report as soon as possible a
conspiracy, which comes to his knowledge, against the government. But there must be
a war in which the Philippines is involved.

Elements:
1. That the offender is a citizen of the Philippines, and not a foreigner;
2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as
possible to the proper authority.

Can a resident alien commit the crime of misprision?


No. A resident alien cannot commit misprision of treason. Art. 116 expressly provides
“without being a foreigner”.

When is misprision not applicable?


Art. 116 does not apply when treason is already committed by someone and the accused
does not report its commission.

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Art. 117. Espionage
Espionage – is the offense of gathering, transmitting, or losing information with
respect to the national defense, with intent or reason to believe that the information is
to be used to the injury of the Republic of the Philippines or the advantage of a foreign
nation.

Punishable Acts (modes of committing Espionage):


1. By entering, without authority, upon a warship, fort, or military or naval
establishment or reservation to obtain any information, plans, photographs or
other data of confidential nature relative to the defense of the Philippines.

Elements
1. Offender enters any of the places mentioned;
2. He has no authority therefore;
3. His purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
Note: There must be an intention to obtain information relative to the defense of the
Philippines, although it is not necessary that the information is obtained.

2. By disclosing to the representative of a foreign nation the contents of the articles,


data or information referred to in the preceding paragraph, which he had in his
possession by reason of the public office he holds.

Elements
1. Offender is a public officer;
2. 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;
3. He discloses their contents to a representative of a foreign nation.

Persons liable:
1. First mode:
ANY person whether:
a. Filipino citizen OR resident alien (foreigner); or
b. Private individual or a public officer; and
2. Second mode:
a. A public officer

Acts punishable:
1. Unlawfully obtaining or permitting to be obtained information affecting national
defense;
2. Disloyal acts or words in time of peace (i.e. causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any member of the military, naval, or air
forces of the Philippines);
3. Harboring or concealing violators of the law (i.e. the offender harbors a person whom
he knows as someone who committed or is about to commit a violation of this Act);
4. Photographing, from aircraft, of vital military information;
5. Destroying or injuring or attempting to injure or destroy war material (when the
country is at war) or national defense material, premises or utilities (Even if the
country is not at war).

Is wiretapping considered espionage?


No. Wiretapping is not espionage if the purpose is not connected with defense.

Is it necessary that the offender succeeds in obtaining information?


In the first mode of committing the felony (that is, Art. 117), it is not necessary that
the offender succeeds in obtaining the information.

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Distinguished Espionage and Treason
ESPIONAGE TREASON
As to condition of citizenship
Both are crimes not conditioned by the citizenship of the offender
As to when they should be committed
It may be committed both in time of It is committed only in time of war
peace and in time of war
As to manner of commission
It may be committed in many ways not It is limited to 2 ways:
only because of Art. 116 but in view of 1. Levying war; and
the passage of C.A. No. 616 2. Adhering to the enemy, giving them aid
or comfort

Section Two: Provoking War and Disloyalty In Case of War

Art. 118. Inciting To War or Giving Motives for Reprisals


It is the unlawful or unauthorized acts of an individual which provoke or give occasion
for a war involving or liable to involve the Philippines or expose Filipinos to reprisals
on their persons or property.

Reprisal - is an act of self-help on the part of the injured state, responding (after an
unsatisfied demand for redress) to an act contrary to international law on the part of
the offending state. Reprisals are not limited to military action; it could be economic in
nature, or consist of denial of entry into the offended country.

Elements:
1. The offender Performs Unlawful or unauthorized acts; and
2. Such acts Provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property.
Note: The crime is committed only in times of peace.

Art. 119. Violation of Neutrality


It refers to any act which violates any regulation issued by competent authority for the
purpose of enforcing neutrality.

Neutrality
It is the condition of a nation that, in times of war, takes no part in the dispute but
continues peaceful dealings with the belligerents. There must be a regulation issued
by competent authority for the enforcement of neutrality.

Elements:
1. There is a War in which the Philippines is Not Involved;
2. For the Purpose of Enforcing neutrality, there is a Regulation issued by
competent authority; and
3. That the offender Violates the regulation.

When is the crime committed?


The crime is committed only in times of peace in the Philippines, but in times of war
between/among other states.

Note: It is the neutrality of the Philippines that is violated. Philippines should not be
a party to the war.

Art. 120. Correspondence with Hostile Country


Any person who, in time of war, shall have correspondence with an enemy country or
territory occupied by enemy troops, in any of the modes of commission indicated in
Art. 120.

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Elements:
1. There is a WAR in which the Philippines is Involved;
2. 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 useful to the Enemy.

Correspondence – is a communication by means of letters, or it may refer to the letters


which pass between those who have friendly or business relations. Note that, even if
the correspondence contains innocent matters, if the correspondence has been
prohibited by the government, it is punishable because of the possibility that some
information useful to the enemy might be revealed unwittingly.

Cipher - is a secret writing system; a code.

Qualifying circumstances:
The following must concur together –
1. That the notice or information might be useful to the enemy; and
2. That the offender intended to aid the enemy.

Note: If the offender intended to aid the enemy by giving such notice or information, the
crime amounts to treason; hence penalty same as that for treason.

Art. 121. Flight to Enemy’s Country


Any person who, owing allegiance to the Government, attempts to flee or go to an
enemy country when prohibited by competent authority.

Who are the Persons liable?


1. Filipino citizen; and
2. Alien residing in the Philippines

Elements:
1. There is a WAR in which the Philippines is Involved;
2. The offender Owes Allegiance to the government;
3. The offender Attempts to flee or go to enemy country; and
4. Going to enemy country is Prohibited by competent authority

When is the crime consummated?


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

Why may an alien be guilty for this crime?


An alien resident may be guilty of flight to enemy country because an alien owes
temporary allegiance to the Philippine government.

Note: There must be a prohibition. If there is none, even if one went to enemy country,
there is no crime.

Section 3. – Piracy and Mutiny on High Seas or In Philippine Waters

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

1. Piracy: Any person who, on the high seas, shall attack or seize a vessel, or not being
a member of its complement nor a passenger, shall seize the whole or part of the cargo
of the vessel, its equipment or personal belongings of the complement or passengers.

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Elements of Piracy
1. The Vessel is on the high seas or in Philippine waters;
2. The Offenders are NEITHER members of its complement nor passengers of the
vessel; and
3. The offenders –
a. Attack or seize the vessel, or
b. Seize whole or part of vessel’s cargo, Equipment or personal belongings of its
complement or passengers.
4. There is intent to gain.

Piracy
It is robbery or forcible depredation on the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility. Pirates are, in
law, hostes humani generis (enemy of mankind).

Animo furandi – is the Latin term meaning “intention to steal”

Note: Under P.D. 532 or the ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW
OF 1974, piracy may be committed even by a passenger or member of the
complement of the vessel.

Punishable Acts (modes of committing Piracy):


1. By attacking or seizing a vessel on the high seas or in Philippine waters (P.D. 532);
and
2. By seizing the whole or part of the vessel’s cargo, its equipment, or the personal
belongings of its complement or passengers, while on the high seas or in Philippine
waters.

2. Mutiny: is the unlawful resistance to a superior, or the raising of commotions and


disturbances on board a ship against the authority of its commander.

Elements of Mutiny
1. The Vessel is on the high seas or in Philippine waters;
2. The Offenders are Members of its complement or passengers of the vessel; and
3. The offenders unlawfully resist a superior, or raise commotions and disturbances
on board the vessel against the authority of its commander

Philippine waters
All bodies of water and all waters belonging to the Philippines by historic or legal title,
including the territorial sea, the sea-bed, the insular shelves, and other submarine
areas over which the Philippines has sovereignty and jurisdiction.

High seas
Any waters on the sea coast which are without the boundaries of the low water mark
although such waters may be in the jurisdictional limits of a foreign government; parts
of the sea that are not included in the exclusive economic zone, in the territorial seas,
or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.

Piracy triable anywhere


Piracy is a crime not against any particular state but against all mankind. It may be
punished in the competent tribunal of any country where the offender may be found
or into which he may carried.

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Distinguish Piracy from Mutiny

PIRACY (RPC) MUTINY


As to place of commission
It is either in Philippine waters or on the high seas
As to the person of the offenders
It can be committed by strangers to the It can be committed by members of the crew
vessels or passengers
As to Intention
Intent to gain is essential The offenders may only intend to
resist/ignore the ship's officers, or they
may be prompted by a desire to commit
plunder.

Art. 123. Qualified Piracy

Elements:
A. Piracy is qualified under the following circumstances:
1. Seizure of the vessel by Boarding or Firing upon the same;
2. There was the Abandonment by pirates of victims without means of saving
themselves; or
3. The crime was Accompanied by murder, homicide, physical injuries, or rape.

B. Mutiny is qualified under the following circumstances:


1. When the offenders abandoned the victims without means of saving themselves; or
2. When the mutiny is Accompanied by murder, homicide, physical injuries, or rape.

Extent is the commission of Murder, Rape, Homicide, Injuries


The murder, rape, homicide, or physical injuries must have been committed on the
passengers or on the complement of the vessel.

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