Crime against national security

Article 114 – TREASON

Presents updates of allegiance to the government committed by a person who owes allegiance to it.

Elements of treason:

1. The offender is a Filipino citizen or an alien residing in the Philippines

2. That there is a war in which Philippines is involved
3. Tattoo offender either
 Levies war against the government
 Adheres to the enemy given, them aid or comfort.

Levying war requires the concurrence of two things:

1. That there be an actual assembling of men

2. For the purpose of executing a treasonable design by force

Adherence to the enemy means to betray. There is a adherence to the enemy when a citizen
intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his
country’s policy or interest.

Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war
against the traitor’s country and an act which weekends or tends to weaken the power of the traitors
country to resist or to attack the enemy.

 Treason by a Filipino citizen can be committed outside the Philippines.

 Treason by an alien can be committed in the Philippines
 Treason is a continuous offense - it may be committed by one single act by a series of act or by
several series thereof not only in a single time but in different times it being a continuous crime.

No person shall be convicted of treason on the testimony of two witnesses at least to the same overt
act or on confession of the accused in an open court.

Article 115 – conspiracy and proposal to commit treason

Penalty:

Prision mayor and a fine not exceeding 10,000 pesos, and by prision correccional and a fine not
exceeding 5,000.

Article 116 – Misprision of treason

Elements:

1. The offender must be owing allegiance the government and not a foreigner
2. He has a knowledge of conspiracy to commit treason) against the government
 3. He conceals or does not disclose and make known the same as soon as possible to the
government or physical of the province or the mayor or physical of the city in which he resides.

Article 117 – Espionage

Espionage is the offense of gathering, transmitting, or losing information respecting 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 to the advantage of any foreign nation.

Two ways of committing espionage on their article 117

1. By entering, without authority therefor, 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 Philippines.

Elements:

 The offender and tears any of the place mentioned therein;

 He has no authority;
 His purpose is to obtain information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippines.

2. By disclosing to the representative of a foreign nation the contents of the articles data or
information referred to in the paragraph no. 1 of article 117 which he had in possession by
reason of the public office he holds

Elements:

 The offender is a public officer

 He has in possession the articles, data, or information referred to in the paragraph
number 1 of article 117 by reason of the public office he holds.
 He discloses their contents to the representative of a foreign nation

Article 118 – inciting to war or giving motives for reprisals

Elements

 Offender performs unlawful or unauthorized acts

 Acts provokes or give occasion for a war involving or liable to involve the Philippines or expose
Filipino citizens to reprisal and their persons or property

Article 119 violation of neutrality

Neutrality – a nation or power which takes note part in a contest of arms going on between others is
referred to as natural

There must be a regulation issued by a competent court for the enforcement of neutrality

Elements
  There is a war in which Philippines is not involve
 There is a regulation issued by competent authority for the purpose of enforcing of neutrality
 Offender violates such regulation.

Article 120 - correspondence with hostile country.

Elements

 It is in time of war in which Philippines is not involved

 The offender makes correspondence with an enemy country or territory occupied by enemy
troops
 The correspondence is either:
1. Prohibited by the government
2. Carried on in ciphers or conventional sign
3. Containing notice or information which might be useful to the enemy

Circumstances qualifying the offense

 The notice or information might be useful to the enemy

 Offender intended to aid the enemy

Article 121 - flights to enemy’s country

Elements

 There is a war which the Philippines is involved

 The offender must be owing allegiance to the government
 The offender attempts to flee or go to the enemy country
 The going to enemy country is prohibited by competent authority

Article 122 – piracy in general and mutiny on the high seas or in the Philippine waters

Two ways or mode of committing piracy

1. Attacking or ceasing a vessel on the high seas or in the Philippine waters

2. By seizing in the vessel while on the high seas or in the Philippine waters the whole or
part of its cargo, its equipment or personal belongings of its complement or passengers

Elements of piracy

 the vessel is on high seas or in Philippine waters

 Offenders are not members of its complement or passengers of the vessel
 The offenders attack receives the vessel or seize the whole part of the cargo of said vessel it’s
equipment or personal belongings of its complement a passengers.

Piracy is a 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.
Mutiny is punished under article 122

Mutiny is usually committed by the other members of the complement and may be committed by the
passengers of the vessel.

Mutiny is unlawful resistance to a superior officer or the raising of commotion and disturbances on
board a ship against the authority of its commander.

Article 123 – qualified piracy

Piracy or mutiny is therefore qualified if any of the following circumstances is present

1. Whenever the offenders have seized the vessel by boarding or firing up on the same
2. Whenever the pirates have abandoned their victims without means of saving themselves
3. Whenever the crime is accompanied by murder homicide physical injuries for rape

Crimes against the fundamental laws of the state

Classes of arbitrary detention

1. Arbitrary detention by detaining a person without legal ground

2. Delay in the delivery of detained person to the proper judicial authorities
3. Delaying release

Article 124 – arbitrary detention – any public officer or employee who without legal grounds detain a
person shall suffer:

1. Arresto mayor in its maximum period to prision correctional in its minimum period if the
detention has not exceeded three days
2. Prision correctional in its medium and maximum periods if the detention has continued more
than three but not more than 15 days
3. Prision mayor, if the detention has continued for more than 15 days but not more than six
months
4. Reclusion temporal if the detention should have exceeded in six months

Elements:

1. Offender is a public officer or employee

2. He detains a person
3. Without legal grounds
Article 125 – delay in the delivery of detained person to the proper judicial authorities.

Elements

1. Offender is a public officer

2. He has detained a person for some legal ground
3. Fails to deliver such person to the proper judicial authorities within:
 12 hours for crimes or offenses punishable by light penalties or their equivalent
 18 hours for crimes or offenses punishable by correctional penalties or their equivalent
 36 hours for crimes or offenses punishable by afflictive or capital penalties or their
equivalent

If the offender is a private person the crime is illegal detention a private individual who makes a
lawful arrest must comply with the requirements prescribed in article 125 if he fails to do so we shall
be guilty of illegal detention not arbitrary detention.

Article 126 delaying release – no penalties provided for article 124 shall be imposed upon any public
officer or employee who delays for the period of time specified there in the performance of any
judicial or executive order for the released have a prisoner or detention prisoner or unduly delays the
service of the notice of such order to set prisoner on the proceedings of an any petition for the
liberation of such person.

Act punishable under article 126

1. By delaying the performance of a judicial or executive order for the release of a prisoner
2. Unduly delaying the service of the notice of such order to said prisoner
3. Unduly delaying the proceedings of an any petition for the liberation of such person

Elements

 Offender is a public officer or employee

 That there is a judicial or executive order for the release of a prisoner or detention prisoner or
that there is a preceding up on a petition for the liberation of such person
 The offender without good reason delays (1) the service of the notice of such order to the
prisoner or the performance of such judicial or (2) executive order for the release of the
prisoner or (3) the proceedings upon a petition for the release of such person.

Article 127 expulsion – the penalty of prison correctional shall be imposed upon any public officer or
employee not being thereunto authorized by law shot expel any person from the philippine islands or
shall compare such person to change his residence

Two acts are punishable under 127

1. Expelling a person from the philippines

2. Compelling a person to change his residence

Elements:
  Offender is a public officer or employee
 he expels any person from the philippines are compels a person to change his residence
 Not authorized to do so by the law

Article 128 violation of domicile

Acts punishable under want to article 128

1. Entering any dwelling against the will of the owner

2. Searching papers or other effects found therein without the previous consent of such owner
3. Refusing to leave the premises after having surreptitiously and tested dwelling and after having
been required to leave the same

Elements common to three acts

1. The offender is a public officer or employee

2. Not authorized by the judicial order to enter the dwelling and or make a search there in four
papers or other effects

The offender must be a public officer or employee – if the offender who enters the dwelling against the
will of the owner thereof is a private individual the crime committed is trespass to the dwelling.

Circumstances qualifying the offense

1. Offence is committed at nighttime

2. Any papers are effects not constituting evidence of a crime or not returned immediately after
the search made by the offender

Article 129 search warrant maliciously obtained and abuse in the service of those legally obtained – 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 1,000 pesos shall be imposed upon any public officer or employee who shall procure a
search warrant without just cause are having legally procured the same solid need his authority or use
unnecessary severity and executing the same.

Acts punishable in connection with search warrant

1. Procuring a search warrant without just cause

2. Exiting his authority or by using unnecessary severity in executing a search warrant legally
procured

Elements of procuring search warrant without just cause

1. Offender is a public officer or employee

2. He procures a search warrant
3. No just cause

Requisite of issuing search warrant

A search warrant shall not issue except upon probable cause in connection with one specific offense to
be determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce and particularly describing the place to be searched and the things to
be seized which may be anywhere in the Philippines.

Elements of exceeding authority or unnecessary severity and executing a search warrant legally
procured:

1. Offender is a public officer or employee

2. He has legally procured a search warrant
3. He exudes his authority or uses unnecessary severity and executive the same

Article 130 searching domicile without witnesses

Elements:

1. Offender is a public officer or employee

2. He is armed with search warrant legally procured
3. He searches the domicile papers or other belongings of any person
4. The owner or any member of his family or two witnesses residing in the same locality are not
present

Article 131 prohibition interruption and dissolution of peaceful meeting

Acts punishable in connection with peaceful meeting association and petitions

1. Prohibiting or interrupting without legal ground the holding of a peaceful meeting or by

dissolving the same
2. Hindering any person from joining any lawful association or from attending any of its meeting
3. Prohibiting or hindering 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 common to the three punishable acts

1. Offender is a public officer or employee

2. He performs any of the act mentioned above

A private individual cannot commit this crime – only a public officer or employee can commit this crime
if the offender is a private individual the crime is disturbance of public order defined in article 153.

Crime against religious worship

1. Interruption of religious worship

2. Offending the religious feelings

Article 132 interruption of religious worship

Elements:
 1. Often there is a public officer or employee
2. That religious ceremonies or manifestation of any religion are about to take place or are going
on
3. Open the prevents or disturb the same

Circumstances qualifying the offense

 If the crime is committed with violence or threats

Article 133 offending the religious feelings

Elements:

1. Apps complaint of work performed (1) in a place devoted to religious worship or (2) during the
celebration of any religious ceremony
2. Acts must be notoriously offensive to the feelings of the faithful

Crime against public order

Article 134 rebellion or insurrection – how committed. – the crime of rebellion or insurrection is
committed by raising publicly and taking arms against the government for the purpose of removing
from the allegiance the said government, or its laws, the territory of the republic of the philippines or
any part thereof, or anybody of the land, naval, or other armed forces, for depriving the chief
executive or the legislature, wholly or partially, any of their powers or prerogatives.

Elements:

1. There be a public uprising and taking arms against the government

2. The purpose of the uprising or movement is either:
a. To remove from the illusion to said government or its laws:
i. The territory of the philippines or any part thereof;
ii. Anybody of the land naval or other armed forces
b. To deprive the chief executive or congress, wholly or partially of any of the powers or
prerogatives.