Beruflich Dokumente
Kultur Dokumente
Elements
Elements
Elements
INTENT: To inflict any means outside legal methods; any act of hate or revenge Either social or political purpose
1. Filipino Citizen or Alien Resident 2. War; Phil is involved 3. Levies war against the Government or Adheres to the enemies by giving aid or comfort. Levies war 1. Actual Assembling of men 2. Purpose of executing treasonable design by
1. Public uprising and Taking arms against the Government 2. Purpose is either: a. T o remove allegiance to said Govt or its Laws: - Territory - Body of land, naval or other armed forces b. Deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
1. Rise publicly and tumultuously 2. Employ force, intimidation or other means outside of legal methods 3. Objectives: a. Prevent the promulgation or execution of any law or the holding of any popular election b. Prevent the National/Provincial/ Municipal Govt or any Public Officer from
force 3. Intent to deliver whole or part of the country to enemy 4. Collaboration with the foreign sovereign or foreign enemy Adherence to Enemy Intent to Betray Intellectually or emotionally favors the enemy; harbors sympathies or convictions against countrys policy or interest
prerogatives Public Uprising Crime of masses/ multitude Vast movement of men Civil war Taking Arms Fought/ clashes of arms
+ (concur) Giving Aid or Comfort Render assistance to them as ENEMIES and not merely as individuals and such in the furtherance of the enemies hostile designs
freely exercising its functions or prevent the execution of any Administrative order c. Inflict any act of hate or revenge upon the person or property of any PO/E d. Commit (political/social end) any act of hate or revenge against private persons or any social class e. Despoil (political/social end) any person, municipality or province, or National Govt of all its property or any part thereof.
NO COMPLEX CRIME OF TREASON Absorbed/ inherent in the execution of treasonable design by force or in giving aid or comfort Can be tried as separate/distinct if the prosecutor should elect to prosecute the culprit specifically for such offenses CONTINUOUS OFFENSE TWO WITNESS RULE Necessary to prove: Giving aid or comfort Not: Adherence to enemy
NO COMPLEX CRIME OF REBELLION Acts committed in the furtherance of rebellion is absorbed NOT absorbed: Private purposes or profit without any political motivation
122 Piracy
Any Person
Any person
In Flight---Philippine Registry In Flight not required if Foreign registy as long as within Phil Jurisdiction 1. Compel to change course or destination 2. To seize or usurp control thereof Heavier penalty: Fired upon P/C/P Exploded or attempted to explode Accompanied by murder, homicide, serious pi or rape 3. Ship, load or carry any explosive, flammable, corrosive or poisonous substance or material (aircraft operating as a public utility) Private utility -should be in accordance to regulations otherwise punishable under said
1. Attack or Seize a Vessel; or 2. Seize the whole or part of the cargo, its equipme nt or personal belongin gs
1. When they have seized a vessel by boarding or firing 2. Pirates have abandoned their victims without means of saving themselves; or 3. Accompanied by murder, homicide, physical injuries or rape
1. Attack upon a vessel 2. Seize a vessel 3. Taking away whole or part of its cargo, equipment, or personal belongings Qualified to Death Rape, murder or homicide is committed as a result r on occasion of piracy Seizure is accomplished by boarding or firing upon Abandoned the victims without means of saving themselves
Aiding Pirates ---accomplice 1. Any person who knowingly 2. In any manner aids or protects pirate: Giving info movement of police or peace officer Acquires or receives property taken or in any manner derives benefit Directly or indirectly abets RA 9372 RA 9372