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TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

This Title punishes certain acts committed during wartime or peacetime which endanger the very existence of the
State

Articl
Felony Description Elements Trivia Penalty
e No.

Art Piracy in This is an PIRACY: Vessel: Any vessel or watercraft Reclusion


122 general attack on a (1)The vessel is on high seas used for transport of passengers or Perpetua for
cargo through Philippine waters. Both
and vessel in the of Philippine waters
(2)Offenders are neither Includes fishing boats
Mutiny on high seas.
Philippine waters: bodies of
the High member of its
water within the Philippines
Seas or in Mutiny is the complement nor
connecting the island of the
Philippine unlawful passengers of the vessels;
Philippine archipelago
Waters resistance to (3)Offenders either Piracy may be considered
a superior a. Attack or seize a terrorism when it creates a
officer, or the vessel on the high condition of widespread and
raising of seas or in Philippine extraordinary fear among the
commotions waters; populace in order to coerce the
and b. Seize in the vessel government to gin in to an
disturbances while on the high unlawful demand.
seas or in Philippine Piracy is hostes humani
waters the whole or generis: It may be punished in the
Mutiny
part of the cargo, competent tribunal pf ay country
disobedience where the offender may be found
to lawful its equipment,
or into which he may be carried.
authority of personal belongings
Pirates are a danger to all and
the ship. or its complement therefore everyone may prosecute
or passengers (People v. Lol-lo and Saraw)
(4)There is intent to gain1 Territory: [1]Territorial sea; [2]
contiguous zone; [3] Exclusive
MUTINY economic zone2;
(1)Same High seas; not territory of any

1 This is the difference between piracy and mutiny


(2)Offenders are members of state.
the complement or are Alt3: if all the elements including
passengers intent to gain is present but the
(3)Same offenders are members of the
competent/passengers the crime
may be robbery.
PD 5234: [1] means of violence
or intimidation or force; [2] any
person even members of the
competent and passenger; [3]
only in Philippine waters; [4]
qualified when physical injuries
or other crimes are committed
as a result or on the occasion
thereof or when murder,
homicide, or rape is committed
as reason or occasion thereof.

Art Qualified This is piracy (1)The vessel is on high seas This is a special complex crime Reclusion
123 Piracy attended by of Philippine waters punishable by reclusion perpetua Perpetua to
Death
qualifying (2)Offenders may or may not to death regardless of the number
circumstance be members of the of victims
s, which complement or are RA 6235: n act prohibiting
passengers Certain Acts Inimical to Civil
results to a
Aviation. This crime happens
higher (3)Offenders either
when the aircraft is in flight
penalty. a. Attack or seize the
when all exterior doors are
vessel or
closed for the purpose of
b. Seize the whole or
embarkation (15Y-Death for [1]

2 Not technically part of the territory of a country but a state may exercise certain rights such as exploitation

3 Alt: alternative situation and the crime

4 Also punished brigandage


part of the cargo, firing upon a pilot and crew; [2]
its equipment, or in exploded or attempted to explode a
personal belongings bomg to destroy the plane; [3] if
of the crew or crime is accompanied by murder,
homicide, serious physical injuries
passenger
or rape.)
(4)The preceding were
committed under any of
the ff
a. seizing a vessel
through
boarding/firing
upon it
b. abandoning victims
without means to
save themselves
c. crime is
accompanied by
murder, homicide,
physical injuries or
rape
RA Genocide Must be systematic, with knowledge
9851 committing an attack against a civilian
population.

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE


This Title punishes crimes that infringe upon constitutionally guaranteed rights of individuals.
Artic
le Felony Description Elements Trivia Penalty
No.

Art Arbitrary Arbitrary (1)offender is an officer or Public officer: Must be vested (1) T< 3 yrs:
Arresto
124 Detention detention is public employee with the authority to detain or
mayor max
confining a (2)Offender detains a person order the detention of an accused.
Prision
person (3)detention is without legal Co-conspirators of public officers correction
without any grounds re also guilty of arbitrary al
legal ground detention. minimum
Detention: actual confinement of (2) 3 yrs < T
<15:
a person in an enclosure, or in any
Prision
manner detaining and depriving correction
him of liberty. al medium
Restraint resulting from fear is and
counted as detention. maximum
Without legal grounds: [1] not (3) 15 days <
committed any crime or no T < 6
reasonable ground for suspicion months:
Prision
that he committed a crime; [2] not
mayor
suffering from violent insanity or (4) T> 6
any other ailment that requires months:
confinement. (opposite of these are Reclusion
the lawful grounds for detention) temporal
Exception to warrant: [1] in his
presence is committing or
attempting to commit an offense
[2] offense has been committed
and he has probable cause to
believe that the person has
committed it based on personal
knowledge; [3] prisoner has
escaped penal establishment.
Probable cause needed: would
lead a prudent man to believe that
an offense has been committed and
the objects are in the place to be
searched.
Personal knowledge: not just a
witness testimony if the crime has
already been committed
Arrest must be after the fact of
the commission of the crime.
Reasonable ground only applies to
the identity of the perpetrator.
(Rule 113)
Art Delay in This crime (1)offender is a public Ground for detention must be legal (1) T < 3d:
Arresto
125 Delivery consists of officer or employee but there is just delay.
mayor max
of not (2)he has detained a person 125 does not apply when arrest is prision
Detained immediately for a legal ground made with a warrant. correction
Persons to delivering a (3)failure to deliver such If without a warrant 125 applies al
the Proper detained person within: because the arresting officer must minimum
bring the person to the authorities. (2) 3d < T <
Judicial person to a a. 12 hours, light
Failure under art 125 to deliver 15d:Prisio
authoritie proper penalties, n
does not affect the legality of the
s judicial b. 18 hours, correccion
confinement of the petitioner who
authority. correctional is detained because of a warrant
al med
max
penalties subsequently issued by a court (3) 15d < T <
c. 36 hours, afflictive when an information was filed. 6M:
or capital penalties However, arresting officer is still Prision
liable even after the information mayor
has been filed. (4) T> 6
Art 125 is not a way to quash months:
Reclusion
information under Rule 113 Sec 2,
temporal
ROC
Rights of detainee: [1] informed of
cause of detention; [2] allowed
upon request to communicate at
anytime with his counsel.
A warrantless arrest gives
arresting officers provisional
authority. This authority is vested
unto them by judicial power from
the Rules of court which provide
for warrantless arrest.
The person liable is the one who
has custody of the accused
The person who will file the
complaint is the (city)
prosecutor
o In the absence it will be
[1] inquest prosecutor;
[2] offended party or; [3]
peace office based on the
affidavit of the offended
party or arresting officer
(Sec 7, Rule 112)
In the end police will still have to
release if they are not able to
deliver the accused.

Art Delaying Delaying (1)Offender is a public (1) T <


126 Release release officer or employee 3d:
includes (2)There is a judicial or Arresto
delaying the executive order for the mayor
performance release of the prisoner or max
of a detention prisoner, or prision
judicial/exec that there is a proceeding correctio
utive order upon a petition for the nal
for release, liberation of such person minimu
unduly (3)Offender without good m
delaying reasons delays (2) 3d <
service of a. The performance of T <
notice, or a judicial or 15d:Pris
unduly executive order for ion
delaying the release correcci
proceedings b. Service of notice of onal med
for a petition such order to said max
for release. (3) 15d
prisoner or
c. The proceedings < T <
6M:
upon any petition
Prision
for the liberation of
mayor
such person (4) T> 6
months:
Reclusio
n
temporal

Art Expulsion This crime (1)offender is a public Prision


127 consists of officer or employee Correcciona
expelling a (2)Offender either l
person from a. expels a person
the from the
Philippines Philippines
or forcing b. Compels him to
him to change residence
change his (3)Offender has NO
residence. authority by law