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Mangalindan

RPC Vol 2 (Reyes)

Criminal Law II

Crimes Against National Security

How to prove citizenship: (1) prison


record filled out by data supplied by
accused himself or (2) testimony of
witnesses who know him
Treason can be committed by
Filipinos outside the Philippines. But
treason by alien must be committed in
the Philippines.

(2) There is war.
Treason cannot be committed in time
of peace.

(3) Offender either:
a. Levies war against the government.
Elements of Levying War:
(1) Actual assembling of men.
-Enlistment is not = to actual
assembly.
(2) For the purpose of executing
a treasonable design by force.
Not necessary that there be a
formal declaration of existence of
state of war. Actual hostilities may
be enough to determine existence
of Treason.
The purpose of levying must be to
overthrow the government, not
merely to resist a statute or to
inflict at of hate against public
officers.
The purpose must be to deliver
the country in whole/part to the
enemy. This is the main difference
between Treason and Rebellion.
If levying war is merely civil
uprising, without any intention to
help enemy, crime is only
Rebellion.

1. Treason.
2. Conspiracy and Proposal to commit
Treason.
3. Misprision of Treason.
4. Espionage.

Crimes Against Law of the


Nations

1. Inciting to war / giving motive for


reprisals.
2. Violation of neutrality.
3. Correspondence with hostile
country.
4. Flight to enemys country.
5. Piracy in general and mutiny on high
seas or in Phil waters.

Crimes Against National Security


TREASON & ESPIONAGE


Treason
RPC 114: Any person who, owing allegiance to
(the United States or) the Government of the
Philippine Islands, not being a foreigner, levies
war against them or adheres to their enemies,
giving them aid or comfort within the
Philippine Islands or elsewhere, shall be
punished by reclusion temporal to death and
shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason
unless on the testimony of two witnesses at
least to the same overt act or on confession of
the accused in open court.
Likewise, an alien, residing in the
Philippine Islands, who commits acts of
treason as defined in paragraph 1 of this
Article shall be punished by prision mayor to
death and shall pay a fine not to exceed
P20,000 pesos.

Elements:
(1) Filipino Citizen anywhere OR alien
residing in the Phils.

b. Adheres to enemies, giving them aid


and comfort.
Adherence to Enemy: intent to
betray; favoring the enemy.
o Adherence may be proved:
(1)1 witness.
(2)Nature of Act.

Cari Mangalindan

RPC Vol 2 (Reyes)

Criminal Law II

(3)Circumstances
surrounding Act.
Enemies: meaning foreign power.
Cannot be applied to rebels in
their own country because they
are still citizens, not enemies.
Aid/Comfort: act which
strengthens the enemy in the
conduct of war against the
traitors country; must be physical
activity.
o CMM: during wartime, it is
inevitable that the people will
form relationships with the
belligerent occupants.
o Drawing the line between
treasonous and non-
treasonous acts is not always
easy.
o WON Treasonous is
determined by
nature/degree/purpose of
act.
o Important distinction to
make: those acts which
render assistance to them as
enemies, not as individuals.
(Ex. giving money to a friend
for his personal necessities vs
giving money to buy arms).
o Act need not really strengthen
the enemy. Success of aid is
immaterial.
Both elements must concur.
o If there is no adherence to
enemy, aid/comfort does not
amount to treason.
o Adherence alone (aka friendly
relations with Japanese) is
not Treason absent of any
aid/comfort given.
Treason:
o Giving
information/commandeering
foodstuff.
o Serving as informer/makapili
in Japanese Military
(Eventhough he never had the

opportunity to make pili.


Mere enlistment as Makapili
is already psychological
comfort to the enemy, hence,
Treason.)
o Taking active part in killing.
o When public office accepted is
highly-responsible position
and policy-determining.


Not Treason:
o Commandeering women for
the Japs: act does not
strengthen the enemy.
Whatever favorable effects
this would have is trivial.
o Mere acceptance of public
office (although theres
aid/comfort, theres no proof
of adherence).
o Mere governmental work.
o Membership is Constabulary.
o Mere membership in Police
Force, without participation
in the killing.
o Member of police force who
apprehended alleged guerillas
for common crimes like
arson.

Treason: Breach of allegiance to a govt,
committed by a person who owes allegiance
to it; violation by a subject of his allegiance to
his sovereign.
Allegiance: Obligation of fidelity and
obedience which the individuals owe to the
government under which they live or their
sovereign, in return for the protection they
receive.
o Permanent Allegiance: Allegiance
owed by alien to his own country.
o Temporary Allegiance: Allegiance
alien owes to the country where he
resides
Anglo-American origin.
No treason thru negligence. Overt act must
be intentional.

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RPC Vol 2 (Reyes)

Criminal Law II


No complex crime of treason with murder,
physical injuries, etc.
o When killings are overt acts of treason, it
cannot be (1) charged separately or (2)
complexed with treason.
Treason is a continuous crime.

Second Paragraph
Treason cannot be proved by circumstantial
evidence/extrajudicial confession of the
accused.
Ways of proving treason:
(1) Testimony of 2 witnesses to the same
overt act.
-Must be to the same overt act.
-Not required that their testimony be
identical.
-Defendant is acquitted if only 1 witness
is believed.
-Rationale for 2-witness rule: extreme
seriousness of crime and penalty.
-Overt act VS Adherence:
-Overt act: At lest 2 witnesses.
-Adherence: 1 witness is
enough.


Adherence may be proved:
(1) 1 witness (state of mind
can never be susceptible of
proof).
(2) Nature of Act.
(3) Circumstances
surrounding Act.
(2) Confession of accused in open court
-Judicial, not extrajudicial.
-Must be a confession of guilt, not an
admission of facts. Extrajudicial
confession is not sufficient to convict a
person of Treason.

Absorbed Aggravating Circumstances:
1. Evident Premeditation
2. Superior Strength
3. Treachery
In determining penalty, rather than
aggravating/mitigating circumstances, the
following are considered:
(1) Amount of degree/aid/comfort.

(2) Gravity of separate/distinct offenses


committed by accused.
Defense of suspended allegiance and change
of sovereignty not accepted because:
1. A citizen owes absolute and permanent
allegiance to his govt.
2. Sovereignty is not transferred by mere
occupation.
3. Subsistence of sovereignty of legitimate
government is rule in International Law.
4. What is suspended is simply exercise of
rights of sovereignty.

Acceptable defenses:
o Duress/uncontrollable fear of imminent
death accepted.
o Lawful obedience to de facto
government.
Non-acceptable defenses:
o Loss of citizenship by serving enemy as
Makpili.


Conspiracy & Proposal to Commit Treason
RPC 115: The conspiracy or proposal to
commit the crime of treason shall be punished
respectively, by prision mayor and a fine not
exceeding P10,000 pesos, and prision
correccional and a fine not exceeding P5,000
pesos.

Conspiracy: In time of war, two or more
persons come to an agreement to levy war
against the govt or to adhere to the enemies
to give them aid/comfort, and decide to
commit it.
Proposal: In time of war, a person has
decided to levy war against the govt or to
adhere to enemies, giving them aid/comfort,
proposes its execution to some other
person/persons.
2-witness rule does not apply here.


Misprision of Treason
RPC 116: Every person owing allegiance to
(the United States) the Government of the
Philippine Islands, without being a foreigner,

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RPC Vol 2 (Reyes)

Criminal Law II


and having knowledge of any conspiracy
against them, 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,
as the case may be, shall be punished as an
accessory to the crime of treason.

Elements:
(1) Offender must owe allegiance to the
govt and not a foreigner.
Cannot be committed by a resident
alien.

(2) He has knowledge of any conspiracy to
commit treason.
Does not apply when someone
already commits treason and
accused does not report it to
authorities.

(3) He conceals/does not disclose and
make known the same ASAP to:
a. Governor/fiscal of province.*
b. Mayor/fiscal of city.*
*where he resides.

Liabilities of the accused in Misprision:
(1) Accessory of Treason (this is where you
compute the penalty: 2 degrees lower).
(2) Principal in Misprision of Treason.
RPC 20 (re accessories and their relatives)
does not apply because the accused is the
principal in the crime of Misprision.

Exception to the rule that silence does not
make a person criminally liable.


Espionage
The penalty of prision correccional shall be
inflicted upon any person who:
1. Without authority therefor, enters 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 Philippine


Archipelago; or
2. Being in possession, by reason of
the public office he holds, of the
articles, data, or information
referred to in the preceding
paragraph, discloses their contents
to a representative of a foreign
nation.
The penalty next higher in degree shall be
imposed if the offender be a public officer or
employee.

Espionage: gathering, transmitting, losing
information respecting national defense with
reason to believe that information is to be
used to the injury of the Phils or to the
advantage of any foreign nation.

Mode of Espionage #1:
Entering, without authority thereof, a
Warship/Fort/Naval/Military
Establishment/Reservation to obtain any
Information/Plans/Photographs/Other data of
a confidential nature relative to the defense of
the Phils.

MODE #1 Elements:
(1) Offender enters any of the places
mentioned above.

Offender may be any person
(citizen/foreigner). But is he is a
public officer/employee, higher
penalty imposed.
(2) Without authority.
(3) Purpose: obtain information, plans,
photos, other data of a confidential
nature relative to the defense of the
Phils.
Intent of Offender must be proved.
(Even if hes able to get the stuff,
without intent, he cannot be
convicted).
Not necessary that he has obtained
it. It is sufficient that it was his
intention.

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RPC Vol 2 (Reyes)

Criminal Law II


Mode of Espionage #2:
Disclosing to representatives of foreign nation
the contents of the articles/data/info referred
in Par 1, which he had in his possession by
reason of public office he holds.

MODE #2 Elements:
(1) Offender is public officer/employee.
Cannot be committed by just anyone.
(2) He has in his possession the
articles/data/info by reason of his
office.
(3) He discloses the contents to a
representative of a foreign nation.

CA 616: Act punishing espionage and other
offenses against National Security.

Treason vs Espionage
Treason
In time of war.
Only 2 ways: (1) levy war
(2) adhere to enemy

Espionage
Anytime.
Many ways (CA 616).

Crimes Against Law of the


Nations
PROVOKING WAR &
DISLOYALTY IN CASE OF WAR
1. Inciting to war / giving motive for
reprisals.
2. Violation of neutrality.
3. Correspondence with hostile
country.
4. Flight to enemys country.



Inciting to War / Giving Motive for
Reprisals
RPC 118: The penalty of reclusion temporal
shall be imposed upon any public officer or
employee, and that of prision mayor upon any
private individual, who, by unlawful or

unauthorized acts provokes or gives occasion


for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens
to reprisals on their persons or property.

Elements:
(1) Offender performs
unlawful/unauthorized acts.
Ex. Destruction of flag/hostility to
head/ambassador of another state.
Must be committed in time of peace.
Penalized even if result of
imprudence. Intention of offender is
not necessary.
(2) Acts provoke/give occasion for a war
involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property.

Penalty is higher for public officer/employee.


Violation of Neutrality
RPC 119: The penalty of prision correccional
shall be inflicted upon anyone who, on the
occasion of a war in which the Government is
not involved, violates any regulation issued by
competent authority for the purpose of
enforcing neutrality.

Elements:
(1) There is war, but Phils is NOT involved.
(2) Competent authority issued a
regulation for the purpose of enforcing
neutrality.
Neutrality: Nation/power which
takes no part in a contest of arms
going on between others.
There must be regulation issued by
competent authority.
(3) Offender violates the regulation


Correspondence with Hostile Country
RPC 120: Any person who in time of war, shall
have correspondence with an enemy country
or territory occupied by enemy troops shall be
punished:

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RPC Vol 2 (Reyes)

Criminal Law II

1. By prision correccional, if the


correspondence has been prohibited by
the Government;
2. By prision mayor, if such
correspondence be carried on in
ciphers or conventional signs; and
3. By reclusion temporal, if notice or
information be given thereby which
might be useful to the enemy. If the
offender intended to aid the enemy by
giving such notice or information, he
shall suffer the penalty of reclusion
temporal to death.


Elements:
(1) Theres a war involving Phils.
(2) Offender makes correspondence with
a. Enemy country OR
b. Territory occupied by enemy troops.
(3) Correspondence is either:
a. Prohibited by the govt.
Even if correspondence is
innocent, if it is prohibited, it is
punishable.
b. Carried on in ciphers/conventional
signs.
c. Contains notice/info which might be
useful to enemy.
Correspondence: communication by
means of letters.

Elements to Qualify the offense (I dont really
get this part):
These must concur:
(1) Notice/info might be useful to enemy.
(2) Offender intends to aid enemy*
*same penalty as Treason.


Flight to Enemys Country
RPC 121: The penalty of arresto mayor shall
be inflicted upon any person who, owing
allegiance to the Government, attempts to flee
or go to an enemy country when prohibited by
competent authority.

Elements:
(1) There is war involving Phils.

(2) Offender owes allegiance to govt.


May be temporary/permanent: Alien
residence may be guilty.
(3) He attempts to flee/go to enemy
country.
Mere attempt consummates the
crime.
(4) It is prohibited by competent authority.
There must be a prohibition by
competent authority.

PIRACY & MUTINY


Piracy in General & Mutiny on High Seas in
Phil Waters
RPC 122: The penalty of reclusion temporal
shall be inflicted upon 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 said vessel, its equipment, or personal
belongings of its complement or passengers.
The same penalty shall be inflicted in case
of mutiny on the high seas.

Elements:
(1) Vessel is on high seas or in Phil waters.
High Seas: seas that are not included
in the (a) exclusive economic zone,
(b) territorial seas, (c) internal
waters (d) archipelagic waters of an
archipelagic state (Convention on the
Law of the Sea).
Vessel: includes all typed of
vessels/boats used in fishing.


(2) Offenders are not members of its
complement or passengers of vessel.
(3) Offender either:
a. Attacks/seize the vessel
b. Seize the whole/part of cargo, its
equipment, personal belongings of
the complement/passenger.

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Criminal Law II


Piracy: robbery/forcible depredation on the
high seas, without lawful authority and done
with animo furandi in the spirit and intention
of universal hostility.
Mutiny: unlawful resistance to a superior
officer, or the raising of
commotions/disturbances on board a ship
against the authority of its commander.
Piracy vs Mutiny
Piracy
Mutiny
Offenders are
Offenders are
strangers to the
crew/passengers.
vessel.
Intent to gain is
Offenders may only
essential.
intent to ignore the ship
iffucers, or prompted
by desire to commit
plunder.
RA 9372: Considered in terrorism: when
creates a condition of widespread and extra
ordinary fear and panic among populace, in
order to coerce the govt to give in to an
unlawful demand.
RA 6235: Anti-Hijacking Act.
Accomplice: Person who aids/protects
pirates or abets the commission of piracy.


Qualified Piracy
RPC 123: The penalty of reclusion temporal to
death shall be imposed upon those who
commit any of the crimes referred to in the
preceding article, under any of the following
circumstances:
1. Whenever they have seized a vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned
their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by
murder, homicide, physical injuries or
rape.

Qualified piracy is a special complex crime.
Number of victims is immaterial.
Note error in provision: pirate must be
considered in #1, not #2.

On Civil Aviation, RA 6235 (on Hijacking).

Crimes Against Fundamental


Laws of the State


Crimes Against Fundamental Laws of the
State:
A. Arbitrary Detention/Expulsion
1. Arbitrary Detention.
2. Delay in delivery of detained
persons to proper judicial authority.
3. Delaying release.
4. Expulsion.
B. Violation of Domicile
1. Violation of Domicile.
2. Search warrants maliciously
obtained and abuse in the service of
those lawfully obtained.
3. Searching domicile without witness.
C. Prohibition, Interruption, Dissolution of
Peaceful Meetings
1. Prohibition, Interruption,
Dissolution of peaceful meetings.
D. Crimes Against Religious Worship
1. Interruption of Religious Worship.
2. Offending religious feelings.

ARBITRARY DETENTION


Arbitary Detention
RPC 124: Any public officer or employee who,
without legal grounds, detains a person, shall
suffer;
1. The penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period, if
the detention has not exceeded three
days;
2. The penalty of prision correccional in its
medium and maximum periods, if the
detention has continued more than
three but not more than fifteen days;
3. The penalty of prision mayor, if the
detention has continued for more than

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Criminal Law II

fifteen days but not more than six


months; and
4. That of reclusion temporal, if the
detention shall have exceeded six
months.
The commission of a crime, or violent
insanity or any other ailment requiring the
compulsory confinement of the patient in a
hospital, shall be considered legal grounds for
the detention of any person.

Elements:
(1) Public officer/employee.
Public officer must be vested with
authority to detain.
-Examples:


1. Policemen


2. Judges


3. Mayors


4. Brgy Captain


5. Municipal Councilor
If committed by other pubic officers,
crime is only Illegal Detention.
If offender is private individual:
Illegal Detention.
But if private individual conspires
with public officers, Arbitrary
Detention.
(2) Detains a person.
Detention: actual confinement of a
person in an enclosure, or in any
manner detaining and depriving him
of his liberty.
Restraint may be result of fear.
(3) Without legal ground.
Without legal grounds:
(1) Victim has not committed any
crime, or no reasonable ground
for suspicion that he has
committed a crime.
(2) He is not suffering from violent
insanity or any other ailment
requiring compulsory
confinement in a hospital.
Legal grounds for detention of any
person:
(1) Commission of a crime.

o Mere suspicion is not a


ground.
(2) Violent insanity or any other
ailment requiring compulsory
confinement of the patient in a
hospital.
o Usual cause of arbitrary detention:
Arrest without warrant.
When arrest without warrant is lawful
(Sec 5, Rule 113, RoCP):
(1) In his presence, the person
arrested has committed, is
actually committing, or
attempting to commit an
offense.
o Flagrante delicto
o In his presence: not only
sees, but may be hears
disturbances.

(2) When an offense has just in fact
been committed and he has
probable cause to believe
based on personal knowledge
of facts and circumstances that
the person to be arrested had
committed it.
o Flagrante delicto
o Probable Cause:
facts/circumstances which
could lead a reasonable
man discreet and prudent
man to believe that an
offense has been
committed.
o Personal knowledge:
actual belief or reasonable
rounds for suspicion.
o Actual commission is not
necessary. Legality does
not depend on the actual
commission, but the nature
of his deed in which a
crime may be reasonable
inferred (view the facts as
they must have presented
themselves).

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o Must not be a fishing


expedition.
(3) Prisoner-escapee.
o Even civilians may lawfully
arrest prisoner-escapee.


Arbitrary Detention thru Imprudence:
Offender shouldve first verified order of
release.
Penalty depends on period of detention.


Delay in Delivery of Detained Persons to
Proper Judicial Authorities
RPC 125: The penalties provided in the next
preceding article shall be imposed upon the
public officer or employee who shall detain
any person for some legal ground and shall fail
to deliver such person to the proper judicial
authorities within the period of; twelve (12)
hours, for crimes or offenses punishable by
light penalties, or their equivalent; eighteen
(18) hours, for crimes or offenses punishable
by correctional penalties, or their equivalent
and thirty-six (36) hours, for crimes, or
offenses punishable by afflictive or capital
penalties, or their equivalent.
In every case, the person detained shall be
informed of the cause of his detention and
shall be allowed upon his request, to
communicate and confer at any time with his
attorney or counsel.

Elements:
(1) Public officer/employee.
If private individual, Illegal
Detention.

(2) Detained a person for some legal
ground.
If detention is not for some legal
ground, RPC124 on Arbitrary
Detention applies.
This article applies only to lawful
warrantless arrests. If arrest is with
warrant, person can be detained
indefinitely.


(3) Fails to deliver the person within:
-12 hours (light penalties)
-18 hours (correctional penalties)
-36 hours (afflictive/capital penalties)
Delivery: making an
accusation/charge/filing info against
the person arrested with court or
judge, whereby latter acquires
jurisdiction to issue an order of
release/confinement.
Duty of officer is deemed complied
with upon filing of the complaint
with proper judicial authorities.
Detained person should be released
when a judge is not available.
Before filing complaint/info, person detained
may ask for preliminary investigation, but he
must sign a waiver of the provisions of
RPC125.
Circumstances determining liability of
Offender:
(1) Means of communication.
(2) Hour of arrest.
(3) Other circumstances such as time of
surrender and the material possibility
of the fiscal to make the investigation
and file in time the necessary
information, must be taken into
consideration.
Violation of this article does not affect
legality of confinement under process issued
by court.
Fiscal will not be liable for his delay in filing
the information if arresting officer continues
to hold the detainee, unless he ordered the
detention.
Rights of person detained:
(1) He shall be informed of the cause of his
detention.
(2) He shall be allowed, upon his request, to
communicate and confer at anytime with
his atty/counsel.
RPC 124 vs RPC 125:
o RPC 124: Detention is illegal from the
very beginning.

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o RPC 125: Illegality of detention starts


from expiration of periods of time
specified in this provision.
RA 857: Public Officer/Employee who
prevented the exercise of right of attorneys
to visit/confer with arrested persons at any
time: arresto mayor.
RA 9372: Detention of suspected terrorists.


Delaying Release
RPC 126: The penalties provided for in Article
124 shall be imposed upon any public officer
or employee who delays for the period of time
specified therein the performance of any
judicial or executive order for the release of a
prisoner or detention prisoner, or unduly
delays the service of the notice of such order
to said prisoner or the proceedings upon any
petition for the liberation of such person.

Punishable Acts:
(1) Delaying performance of
judicial/executive order for the release
of a prisoner.
(2) Delaying the service of the notice of
such order to said prisoner.
(3) Unduly delaying the proceedings upon
any petition for the liberation of such
person.

Elements:
(1) Public officer/employee.
(2) Either:
a. There is a judicial/exec order of
release of a prisoner.
b. There is a proceeding upon a
petition for the liberation of such
person.
(3) Offender, without good reason, delays
either:
a. Service of notice of order
b. Performance of such
judicial/executive order for the
release of the prisoner.
c. Proceedings upon petition for
release of person.
Most likely offenders: Wardens & Jailers.

EXPULSION


Expulsion
RPC 127: The penalty of prision correccional
shall be imposed upon any public officer or
employee who, not being thereunto
authorized by law, shall:
(a) expel any person from the Philippine
Islands or
(b) shall compel such person to change his
residence.

Punishable Acts:
(1) Expelling a person from the Phils.
(2) Compelling him to change his residence.


Elements:
(1) Public officer/employee.
(2) Expels a person/Compels to change
residence.
(3) Not authorized by law to do so.
Authorized by law: by Court order
(ejectment, expropriation, destierro)

VIOLATION OF DOMICILE


(1) Violation of Domicile by:
a. entering dwelling against the will
of the owner or
b. making search without previous
consent of the owner.
c. having surreptitiously entered,
refused to leave
(2) a. Search warrants maliciously obtained
b. Abuse in the service of those legally
obtained.
(3) Searching domicile without witnesses.


Violation of Domicile
RPC 128: The penalty of prision correccional
in its minimum period shall be imposed upon
any public officer or employee who, not being

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authorized by judicial order, 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. having surreptitiously entered said
dwelling, and being required to leave
the premises, shall refuse to do so.

If the offense be committed in the
(a) night-time, OR if any
(b) papers or effects not constituting evidence
of a crime be not returned immediately after
the search made by the offender, the penalty
shall be prision correccional in its medium and
maximum periods.



Punishable Acts:
1. Entering dwelling against will of the
owner.
2. Searching papers/other effects found
therein without previous consent of
such owner.
3. Refusing to leave the premises, after
having surreptitiously entered and
having been required to leave.

Elements:
(1) Public officer/employee
For private individuals: trespass to
dwelling.

(2) Not authorized by judicial order to
enter/make search
Authorized by judicial order: Search
Warrant.

(3) He either:
a. Enters against the will of owner.
Against the will of the owner:
opposition/prohibition, not
mere lack of consent.
There must be opposition by the
owner. Lack of consent of owner
will not make offender liable..

Although in law, an officer may


break in with/without warrant
(RoCP 5).

b. Searches without previous consent.
Without previous consent: If
one consents, he is precluded
from complaining. Silence is
implied waiver.
Search: must be inspect, not
mere look.
Must be found in the dwelling.
Not applicable when person is
searched outside dwelling.
Remember: crime is Violation of
Domicile. Or else, crime is Grave
Coercion (with
violence/intimidation) or
Unjust Vexation (no violence or
intimidation).
c. Refuses to leave premises after
surreptitiously entering and being
told to leave.
He enters without consent of
any form.
What constitutes crime is refusal
to leave, not the entrance.

Qualifying Circumstances:
(1) Nighttime
(2) Papers/effects not constituting
evidence are not returned immediately
after search made.


S/W MALICIOUSLY OBTAINED/LEGALLY
OBTAINED BUT ABUSED
RPC 129: In addition to the liability attaching
to the offender for the commission of any
other offense, the penalty of arresto mayor in
its maximum period to prision correccional in
its minimum period and a fine not exceeding
P1,000 pesos shall be imposed upon any
public officer or employee who shall
(a) procure a search warrant without just
cause, or,
(b) having legally procured the same, shall
exceed his authority or use

Cari Mangalindan

RPC Vol 2 (Reyes)

Criminal Law II

unnecessary severity in executing the


same.


Punishable Acts:
(1) Procuring search warrant without just
cause.
Elements:
(1) Public officer/employee.
(2) Procures Search Warrant.
Search Warrant: order issued in the
name of People of the Phils, signed
by judge, directed to peace officer
commanding him to search for
personal property described and
bring it to court (anywhere in Phils).
o Validity: 10 days.
o Personal property to be seized:
(a) Subject of the offense.
(b) Stolen/Embezzled/Other
proceeds/fruits of the offense.
(c) Used or intended to be used
as means of committing an
offense.
o Requisites to issue Search
Warrant: probable cause in
connection with 1 specific offense
to be determined by judge after
examination of
complainant/witnesses,
describing place to be searched
and things to be seized anywhere
in the Phils.
o Right of officer to break
door/window to effect search.
o Presence of 2 witnesses (lawful
occupant/member of the family).
o Receipt must be issyed for
property seized.
o Probable Cause: Facts/Circs
which would lead a reasonable
prudent mand to believe that an
offense has been committed and
that the object sought in
connection with the offense are in
the place sought to be searched.
(3) No just cause.
Without just cause: Search warrant
was unjustified; applicant had every

reason to believe that search warrant


was unjustified.
Test: application for S/W has been
drawn in such a manner that
perjury could be charged thereon
and affiant held liable for damages
caused. Oath requires Personal
Knowledge.
*note: perjury cannot be complexed
with this crime. They are separate.
Search and seizure in lawful warrantless
arrest is legal.


(2) Exceeding his authority by using
unnecessary severity in executing search
warrant legally obtained.
Elements:
(1) Public officer/employee
(2) Legally procured search warrant
(3) Exceeds his authority/uses
unnecessary severity
Exceeding authority: seize other
property remotely connected with
opium (not connected with crime).
Unnecessary severity: destroys
furniture without justification



Searching without Witness
RPC 130: The penalty of arresto mayor in its
medium and maximum periods shall be
imposed upon a public officer or employee
who, in cases where a search is proper, shall
search the domicile, papers or other
belongings of any person, in the (a) absence of
the latter, (b) any member of his family, or in
their default, without the presence of (c) two
witnesses residing in the same locality.

Elements:
(1) Public officer/employee.
(2) With search warrant legally procured.
Violation of Domicile vs Search
without Witness:
o RPC 128: without Search
Warrant.
o RPC 130: with Search Warrant.

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RPC Vol 2 (Reyes)

Criminal Law II

(3) Searches domicile/papers/other


belongings.
Search: to go over and look through
for purpose of finding something; to
examine.
Must be inside the dwelling. Does
not apply to vehicles.
(4) Owner/family member/2 witnesses
residing in the same locality are not
present.

Note: MUST BE: (a) Without


legal ground & (b) Peaceful.
Right to peaceful meeting is not
absolute: injurious to equal
enjoyment of others having
equal rights. Or to secure
convenient use thereof by others
and provide proper policing to
minimize the risks of disorder.
When meeting is not peaceful:
seditious speeches.
No legal ground to prohibit the
holding of meeting if danger
apprehended is not imminent
and evil is not serious.
b. Hindering any person from joining
a lawful association/attending its
meetings.
c. Prohibiting/Hindering a person
from addressing (alone/together)
any petition for authorities for the
correction of abuses or redress of
grievances.

PROHIBITION, INTERRUPTION,
DISSOLUTION OF PEACEFUL
MEETINGS


Prohibition, Interruption, Dissolution of
Peaceful Meetings
RPC 131: The penalty of prision correccional
in its minimum period shall be imposed upon
any public officer or employee who, without
legal ground, shall prohibit or interrupt the
holding of a peaceful meeting, or shall dissolve
the same.
The same penalty shall be imposed upon a
public officer or employee who shall hinder
any person from joining any lawful association
or from attending any of its meetings.
The same penalty shall be imposed upon any
public officer or employee who shall prohibit
or hinder any person from addressing, either
alone or together with others, any petition to
the authorities for the correction of abuses or
redress of grievances.

Elements:
(1) Public officer/employee.
Private individual: Disturbance of
Public Order.
Public Officer must be a stranger to
meeting. If public officer is
participant: Unjust Vexation.

(2) Either:
a. Prohibiting/Interrupting/Dissolvin
g without legal ground holding of
peaceful meeting.

CRIMES AGAINST RELIGIOUS


WORSHIP

(1) Interruption of Religious Worship
(2) Offending Religious Feelings



Interruption of Religious Worship
RPC 132: The penalty of prision correccional
in its minimum period shall be imposed upon
any public officer or employee who shall
prevent or disturb the ceremonies or
manifestations of any religion.
If the crime shall have been committed
with violence or threats, the penalty shall be
prision correccional in its medium and
maximum periods.

Elements:

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Criminal Law II

(1) Public officer/employee.


(2) Religious ceremony/manifestations of
any religion are about to take place/are
going on.
Applies to religious ceremonies, not
to mere meetings of religious sects.
(3) Offender prevents/disturbs.

Qualifying Circumstances:
(1) violence
(2) threats


Offending Religious Feelings
RPC 133: The penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period shall be imposed upon
anyone who, in a place devoted to religious
worship or during the celebration of any
religious ceremony shall perform acts
notoriously offensive to the feelings of the
faithful.

Elements:
(1) Acts performed:
a. In a place of religious worship
b. During celebration of religious
ceremony (processions, etc)
(2) Act is notoriously offensive to feelings
of the faithful.
Notoriously offensive: against
religious practice/dogma/ritual for
purpose of ridicule; attempting to
damage object of religious
veneration.
There must be deliberate intent to
hurt the feelings of the faithful, or
else Unjust Vexation.
Offensive: judge from complainants
point of view




RPC Vol 2 (Reyes)