Matrix - Various

ARTICLE CRIME DEFINITION ELEMENTS PENALTIES
BOOK II - CRIMES AND PENALTIES

TITLE ONE - CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER 1 - CRIMES AGAINST NATIONAL SECURITY
Section 1 - Treason and Espionage
114 Treason Breach of allegiance to a government by a 1. That the offender is a Filipino citizen If it is a Filipino Citizen:
person who owes allegiance to it. or an alien residing in the Philippines. (within the Philippines or elsewhere)
- Reclusion Perpetua; and
Nature of Crime, in general sense, is a 2. That there is a war in which the - Fine not exceed P 4,000,000
violation by a subject of his allegiance to Philippines is involved.
his sovereign or to the supreme authority How to prove citizenship?
of the State. 3. The offender either: - by his prison record
(a) Levies war against the government, - testimony of wtinesses who know him
or
(b) Adheres to the enemies, giving them If it is a Resident Alien:
aid or comfort. (within the Philippines only)
- Reclusion Temporal; and
- Fine not exceed P 4,000,000
115 Conspiracy to commit Treason When in time of war, two or more person Prision Mayor
come to an agreement to levy war against Fine not exceeding P 2,000,000
the government or to adhere to the
enemies and give aid or comfort, and
decide to commit it.
Proposal to commit Treason
When in time of war a person who has Prision Correccional
decided to levy war against the ----- Fine not exceeding P 1,000,000
government or to adhere to the enemies
and give them aid or comfort, proposes its
execution to some other person or
persons.
116 Misprision of Treason The crime of failing to inform the 1.That the offender must be owing Two degrees lower than that provided for
authorities where the accused knows or allegiance to the government, and not a treason.
has reasonable cause to believe that foreigner.
another has committed treason.
2.That he has knowledge of any
conspiracy to commit treason against
the government.
3.That he conceal or does not disclose

to the governor or fiscal of the province
or the mayor or fiscal of the city in which
he resides.
117 Espionage The offense of gathering, transmitting, or By entering, without authority therefor, a Any person, whether a citizen or a
losing information respecting the national warship, fort or naval or military foreigner, a private individual or a public
defense with intent or reason to believe establishment or reservation to obtain officer.
that the information is to be used to the any information, plans, photographs, or
injury of the Republic of the Philippines or other data of a confidential nature Penalty: Prision Correcional
to the advantage of any foreign nation. relative to the defense of the Philippines.
Elements:
a.That the offender enters any places

mentioned therein.
b.That he has no authority therefor.
c. That his purpose is to obtain

information, plans, photo or other data of
a confidential nature relative to the
defense of the Philippines.
2. By disclosing to the representatives of Offender must be a public officer or
a foreign nation the contents of the employee who has in his possession the
articles, data or information referred to in article, data or information by reason of
paragraph 1 of article 117, which he had the public office he holds.
in his possession by reason of the public
office he holds. Penalty: Next higher in degree
Elements:
a.That the offender is a public officer.
b.That he has in his possession the

articles, data or information, by reason
of the public office he holds.
c.That he discloses their contents to a

representative of a foreign nation.
Section 2 - Provoking War and Disloyalty in Case of War

118 Inciting to War or Giving Example: 1.That the offender performs unlawful or Private Individual:
Motives for Reprisals > Raising of troops without sufficient unauthorized act. - Prision Mayor
authorization within the Philippines for the
service of a foreign nation against another 2. Such acts provoke or give occasion Public Officer or Employee:
nation. for a war involving or liable to involve the - Reclusion Temporal
> Public destruction of the flag or seal of a Philippines or expose Filipino citizens to
foreign state or the public manifestation of reprisals on their persons or property.
hostility to the head or ambassador of
another state.
119 Violation of Neutrality Neutrality – nation or power which takes 1.That there is a war in which the Prision Correcional
no part in a contest of arms going on Philippines is not involved.
between others.
2.That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality.
3.That the offender violates such

regulation.
120 Correspondence with Hostile Correspondence – communication by 1.That it is in time of war in which the - Prision correcional - if prohibited by by
Country means of letter; or it may refer to the Philippines is involved. the Government;
letters which pass between those who
have friendly or business relations. 2.That the offender makes - Prision mayor - if the correspondence
correspondence with an enemy country be carried on in ciphers or conventional
or territory occupied by the enemy signs; and
troops.
- Reclusion temporal - if notice or
3.That the correspondence is either: information be given thereby which might
(a)prohibited by the government be useful to the enemy.
(b)carried on in ciphers or conventional
signs. - Reclusion temporal to death - If the
(c)containing notice or information which offender intended to aid the enemy by
might be useful to the enemy. giving notice or information.
121 Flight to Enemy's Country An attempt to flee or go to an enemy 1.That there is a war in which the - Arresto mayor
country when prohibited by competent Philippines is involved.
authority.
2.That the offender must be owing
allegiance to the government.
3.That the offender attempts to flee or

go to the enemy country.
4.That going to the enemy country is

punished by competent authority.
Section 3 - Piracy and Mutiny on the High Seas or in Philippine Waters

122 Piracy Piracy – it is robbery or forcible 1.That a vessel is on the high seas or in - Reclusion perpetua
depredation on the high seas, without the Philippine waters;
lawful authority and done with animo
furandi (with the intention to steal), and in 2.That the offenders are not member of
the spirit and intention of universal its complement or passengers of the
hostility. ( People vs. Lol- lo, et al) vessel;
Mutiny Mutiny – unlawful resistance to a superior 3.That the offenders (a) attack or seize
officer, or the raising of commotions and that vessel, or (b) seize the whole or
disturbances on board a ship against the part of the cargo of said vessel, its
authority of its commander. (Bouvier’s Law equipment or personal belongings of its
Dictionary, Vol. 2, p. 2283) complement or passengers.
123 Qualified Piracy Piracy or Mutiny is, therefore qualified if

any of the following circumstances is
present:
1.Whenever the offender have seized the

vessel by boarding or firing upon the
same;
2.Whenever the pirates have abandoned

their victim without means of saving -----
themselves; or
3.Whenever the crime is accompanied by

murder, homicide, physical injuries or
rape.
TITLE TWO - CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
CHAPTER 1 - CRIMES AGAINST NATIONAL SECURITY
Section 1 - Treason and Espionage
NOTES
Requirements of levying war:

1. Actual assembling of men;
2.To execute a treasonable design by
force;
Two ways of proving treason:

1.Testimony of at least two witnesses to
the same overt act; or
2.Confession of accused in open court.
General rule: Conspiracy and Proposal is

not punishable. (Article 8)
Exception: In treason, Conspiracy and

Proposal are both considered a felony.
(Article 115)
Reason: The very existence of the state

is endangered.
Misprision of treason cannot be
committed by a resident alien. An
offender must be owing allegiance to the
Government, without being a foreigner
The offender in misprision of treason is

punished as accessory to treason
Article 116 is an exception to the rule that

mere silence does not make a person
criminally liable..
Espionage vs. Treason
Espionage - is a crime not conditioned by

the citizenship of the offender.
Treason - is committed only in time of

war, while espionage may be committed
both in time of peace and in time of war.
Treason is limited in two ways of

committing the crime: levying war and
adhering to the enemy by giving aid or
comfort to the enemy, while espionage
may be committed in many ways. [see
C.A. No. 616]
Intention of the offender is immaterial,
hence, the crime is committed regardless
of his intentions. The law considers the
effects produced by the acts of the
accused.
The said crime is committed in time of

peace.
There must be a REGULATION issued

by competent authority for the
enforcement of neutrality. It is the
violation of such regulation issued by
competent authority which constitutes the
crime.
Even if correspondence contains innocent
matters, if the correspondence with an
enemy country or territory occupied by
troops has been prohibited by the
government, it is punishable. This is
because of the possibility that some
information useful to the enemy might be
revealed unwittingly.
Circumstances qualifying the offense

(a.)that the notice or information might be
useful to the enemy.
(b.)that the offender intended to aid the
enemy by giving such notice or information,
the crime amounts to treason; hence, the
penalty is the same as that for treason.
Note: If the offender intended to aid the

enemy by giving such notice or information,
the crime committed amounts to treason;
hence, the penalty is the same as that for
treason.
An alien resident maybe guilty of flight to

enemy country, the law does not say “not
being a foreigner” – the allegiance
contemplated in this article is either
natural or temporary allegiance.
The mere attempt to flee or go to enemy

country consummates the crime, when
prohibited by the competent authority.
Two ways or modes of committing piracy:
1.By attacking or seizing a vessel on the
high seas or in Philippine waters;
2.By seizing in the vessel while on high
seas or in the Philippine waters the whole
or part of its cargo, its equipment or
personal belongings of its competent or
passengers.
Piracy and Mutiny may be considered as

Terrorism
Piracy vs. Mutiny

-In Piracy the person who attack a vessel or
seize its cargo are stranger to said vessel.
-In Mutiny, they are members of the crew or
passengers.
-In Piracy the intent to gain is essential
-In mutiny, the offenders may only intend to
ignore the ship’s officers or they may be
prompted by a desire to commit plunder.
No. PENALTY
0 ARRESTO MENOR
0 ARRESTO MENOR
0 ARRESTO MENOR
1 ARRESTO MAYOR
1 ARRESTO MAYOR
1 ARRESTO MAYOR
2 ARRESTO MAYOR MEDIUM
4 ARRESTO MAYOR MAXIMUM
5 ARRESTO MAYOR MINIMUM AND MEDIUM
6 ARRESTO MAYOR MEDIUM AND MAXIMUM
7 ARRESTO MAYOR MEDIUM TO PRISON CORRECTIONAL MINIMUM
8 ARRESTO MAYOR MAXIMUM TO PRISON CORRECTIONAL MINIMUM
9 ARRESTO MAYOR MAXIMUM TO PRISION CORRECTIONAL MEDIUM
10 PRISION CORRECTIONAL AND DESTIERRO
11 PRISION CORRECTIONAL MINIMUM
12 PRISION CORRECTIONAL MEDIUM
13 PRISION CORRECTIONAL MAXIMUM
14 PRISION CORRECTIONAL MINIMUM AND MEDIUM
15 PRISION CORRECITONAL MEDIUM AND MAXIMUM
16 PRISION CORRECTIONAL MEDIUM TO PRISION MAYOR MINIMUM
17 PRISION CORRECTIONAL MAXIMUM TO PRISION MAYOR MINIMUM
18 PRISION CORRECTIONAL MAXIMUM TO PRISON MAYOR MEDIUM
19 PRISION MAYOR
19 PRISION MAYOR
19 PRISION MAYOR
19 PRISION MAYOR
19 PRISION MAYOR
20 PRISION MAYOR MINIMUM
21 PRISION MAYOR MEDIUM
22 PRISION MAYOR MAXIMUM
23 PRISION MAYOR MINIMUM AND MEDIUM
24 PRISION MAYOR MEDIUM AND MAXIMUM
25 PRISION MAYOR MAXIMUM TO RECLUSION TEMPORAL MINIMUM
27 PRISION MAYOR MAXIMUM TO RECLUSION TEMPORAL MEDIUM
28 RECLUSION TEMPORAL
29 RECLUSION TEMPORAL MINIMUM
30 RECLUSION TEMPORAL MEDIUM
31 RECLUSION TEMPORAL MEDIUM AND MAXIMUM
32 RECLUSION TEMPORAL TO RECLUSION PERPETUA
33 RECLUSION TEMPORAL MEDIUM TO RECLUSION PERPETUA
34 RECLUSION TEMPORAL MAXIMUM TO RECLUSION PERPETUA
35 RECLUSION TEMPORAL MAXIMUM TO DEATH
36 RECLUSION PERPETUA
37 RECLUSION PERPETUA TO DEATH
38 SUSPENSION
38 SUSPENSION
38 SUSPENSION
39 SUSPENSION MINIMUM AND MEDIUM
40 TEMPORARY DISQUALIFICATION
41 TEMPORARY DISQUALIFICATION MINIMUM PERIOD
42 TEMPORARY DISQUALIFICATION MAXIMUM PERIOD
43 TEMPORARY DISQUALIFICATION MAXIMUM PERIOD TO PERPETUAL DISQUALIFICATION
DURATION DEGREE
1 day to 30 days Minimum
1 day to 30 days Medium
1 day to 30 days Maximum
1 month and 1 day to 6 months Minimum
1 month and 1 day to 6 months Medium
1 month and 1 day to 6 months Maximum
2 months and 1 day to 4 months Minimum
2 months and 1 day to 4 months Medium
2 months and 1 day to 4 months Maximum
2 months and 1 day to 4 months One Degree Lower
2 months and 1 day to 4 months Two Degrees Lower
1 month and 1 day to 4 months One Degree Lower
1 month and 1 day to 4 months Two Degrees Lower
2 months and 1 day to 2 years and 4 months Minimum
2 months and 1 day to 2 years and 4 months Medium
2 months and 1 day to 2 years and 4 months Maximum
4 months and 1 day to 2 years and 4 months One Degree Lower
4 months and 1 day to 2 years and 4 months Two Degrees Lower
6 months and 1 day to 6 years Minimum
6 months and 1 day to 6 years Medium
6 months and 1 day to 6 years Maximum
6 months and 1 day to 6 years One Degree Lower
6 months and 1 day to 6 years Two Degrees Lower
6 months and 1 day to 6 years One Degree Lower
6 months and 1 day to 6 years Two Degrees Lower
2 years, 4 months and 1 day to 4 years Minimum
2 years, 4 months and 1 day to 4 years Medium
2 years, 4 months and 1 day to 4 years Maximum
2 years, 4 months and 1 day to 4 years One Degree Lower
2 years, 4 months and 1 day to 4 years Two Degrees Lower
2 year, 4 months and 1 day to 6 years Minimum
2 year, 4 months and 1 day to 6 years Medium
2 year, 4 months and 1 day to 6 years Maximum
2 year, 4 months and 1 day to 6 years One Degree Lower
2 year, 4 months and 1 day to 6 years Two Degrees Lower
2 year, 4 months and 1 day to 8 years Minimum
2 year, 4 months and 1 day to 8 years Medium
2 year, 4 months and 1 day to 8 years Maximum
2 year, 4 months and 1 day to 8 years One Degree Lower
2 year, 4 months and 1 day to 8 years Two Degrees Lower
6years and 1 day to 12 years Minimum
6years and 1 day to 12 years Medium
6years and 1 day to 12 years Maximum
6years and 1 day to 12 years One Degree Lower
6years and 1 day to 12 years Two Degrees Lower
6 years and 1 day to 8 years Minimum
6 years and 1 day to 8 years Medium
6 years and 1 day to 8 years Maximum
6 years and 1 day to 8 years One Degree Lower
6 years and 1 day to 8 years Two Degrees Lower
8 years and 1 day to 14 years and 8 months Minimum
8 years and 1 day to 14 years and 8 months Medium
8 years and 1 day to 14 years and 8 months Maximum
8 years and 1 day to 14 years and 8 months One Degree Lower
8 years and 1 day to 14 years and 8 months Two Degrees Lower
12 years and 1day to 20 years Minimum
12 years and 1day to 20 years Medium
12 years and 1day to 20 years Maximum
12 years and 1day to 20 years One Degree Lower
12 years and 1day to 20 years Two Degrees Lower
14 years, 8 months and 1 day to 17 years and 4 months Minimum
14 years, 8 months and 1 day to 17 years and 4 months Medium
14 years, 8 months and 1 day to 17 years and 4 months Maximum
14 years, 8 months and 1 day to 17 years and 4 months One Degree Lower
14 years, 8 months and 1 day to 17 years and 4 months Two Degrees Lower
12 years and 1 day to reclusion perpetua Minimum
12 years and 1 day to reclusion perpetua Medium
12 years and 1 day to reclusion perpetua Maximum
14 years, 8 months and 1 day to reclusion perpetua Minimum
14 years, 8 months and 1 day to reclusion perpetua Medium
14 years, 8 months and 1 day to reclusion perpetua Maximum
14 years, 8 months and 1 day to reclusion perpetua One Degree Lower
14 years, 8 months and 1 day to reclusion perpetua Two Degrees Lower
17 years, 4 months and 1 day to reclusion perpetua Minimum
17 years, 4 months and 1 day to reclusion perpetua Medium
17 years, 4 months and 1 day to reclusion perpetua Maximum
17 years, 4 months and 1 day to reclusion perpetua One Degree Lower
17 years, 4 months and 1 day to reclusion perpetua Two Degrees Lower
17 years, 4 months and 1 day to death Minimum
17 years, 4 months and 1 day to death Medium
17 years, 4 months and 1 day to death Maximum
17 years, 4 months and 1 day to death One Degree Lower
17 years, 4 months and 1 day to death Two Degrees Lower
Article 63 of RPC
Article 63 of RPC
Minimum
Medium
Maximum
10 years and 1 day to perpetual disqualification. Minimum
10 years and 1 day to perpetual disqualification. Medium
10 years and 1 day to perpetual disqualification. Maximum
PERIOD
1 day to 10 days
11 day to 20 days
21 day to 30 days
1 month and 1 day to 2 months
2 months and 1 day to 4 months
1 month and 1 day to 1 month and 10 days
1 month and 11 days to 1 month and 20 days
1 month and 21 days to 2 months
2 months and 1 day to 2 months and 20 days
2 months and 21 days to 3 months and 10 days
3 months and 11 days to 4 months
Arresto mayor minimum
Arresto mayor medium
1 month and 1 day to 2 months
Desierro medium and maximum
Arresto menor maximum or Destierro minimum
Destierro maximum or Arresto mayor minimum
Destierro minimum and medium
6 months and 1 day to 2 years and 4 months
4 months and 1 day to 1 year
1 year and 1 day to 1 year and 8 months
1 year, 8 months and 1 day to 2 years and 4 months
Arresto mayor minimum and medium
Destierro medium and maximum.
4 months and 1 day to 1 year, 7 months and 10 days
1 year, 7 months and 11 days to 2 years, 10 months and 20 days
2 years, 10 months and 21 days to 4 years and 2 months
Destierro maximum or Arresto mayor minimum and medium
Destierro minimum and medium or Arresto menor maximum
6 months and 1 day to 2 years and 4 months
2 years, 4 months and 1 day to 4 years and 2 months
4 years, 2 months and 1 day to 6 years
In Prision correctional is Arresto mayor
In Prision correctional is Destierro
In destierro is Arresto menor
In Destierro is Fine.
6 months and 1 day to 1 year, 1 month and 10 days
1 year, 1 month and 11 days to 1 year, 8 months and 20 days
1 year, 8 months and 21 days to 2 years and 4 months
Arresto mayor maximum
Arresto mayor medium
2 years, 4 months and 1 day to 2 years, 11 months and 10 days
2 years, 11 months and 11 days to 3 years, 6 months and 20 days
Prision correctional minimum
Arresto mayor maximum
5 years, 4 months and 21 days to 6 years
Prision correctional medium
Prision correctional minimum
Arresto mayor medium and maximum
Arresto mayor minimum or Destierro maximum
Arresto mayor maximum to Prision correctional minimum
Arresto mayor minimum and medium.
4 years, 2 months and 21 days to 6 years, 1 month and 10 days
6 years, 1 month and 11 days to 8 years
Arresto mayor medium to Prision correctional minimum
Destierro medium and maximum or Arresto mayor minimum.
Prision correctional minimum and medium
Arresto mayor medium and maximum
4 years, 2 months and 1 day to 6 years, 1 month and 10 days
6, years, 1 month and 11 days to 8 years and 20 days
8 years and 21 days to 10 years
Arresto mayor maximum to Prision correctional medium
Destierro maximum or Arresto mayor minimum and medium
6 years and 1 day to 8 years
Prision correctional
Arresto mayor
6 years and 1 day to 6 years and 8 months
Prision correctional maximum
Prision correctional medium
8 years, 8 months 1 day to 9 years and 4 months
Prision mayor minimum
Prision correctional maximum
Prision mayor medium
Prision mayor minimum
Prision correctional medium and maximum
Arresto mayor maximum to Prision correctional minimum
8 years 1 day to 9 years and 4 months
Prision correctional maximum to Prision mayor minimum
Prision correctional minimum and medium
8 years and 1 day to 10 years, 2 months and 20 days
Prision correctional medium to Prision mayor minimum
Arresto mayor medium to Prision correctional minimum.
11 years, 6 months and 21 days to 13 years, 1 month and 10 days
13 years, 1 month and 11 days to 14 years and 8 months
Prision mayor minimum and medium
Prision correctional medium and maximum.
10 years 1 day to 12 years, 5 months and 10 days
Prision correctional maximum to Prision mayor medium
Prision correctional maximum to Prision correctional medium.
Prision mayor
Prision correctional
Prision mayor maximum
Prision mayor medium
Reclusion temporal minimum
Prision mayor maximum
Prision mayor maximum to reclusion temporal minimum
Prision mayor minimum and medium
Reclusion Perpetua
Reclusion Perpetua
Prision mayor medium to Reclusion temporal minimum
Prision correctional medium to Prision mayor minimum.
Reclusion Perpetua
Prision mayor maximum to Reclusion temporal medium
Prision correctional maximum to Prision mayor medium.
Reclusion Perpetua
Death
Prision mayor maximum to Reclusion temporal medium
Prision correctional maximum to Prision mayor medium
See Art. 63 RPC for the imposition of this penalty. The Indeterminate Sentence Law is not applicable.
See Art. 63 RPC for the imposition of this penalty. The Indeterminate Sentence Law is not applicable.
1 year, 8 years and 21 days to 2 years, 11months and 10 days
6 months and 1 day to 8 years
6 months and 1 day to 8 years
10 years and 1 day to 11 years disqualification
11 years and 1 day to 12 years disqualification
Perpetual disqualification

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ARTICLE CRIME DEFINITION ELEMENTS PENALTIES

BOOK II - CRIMES AND PENALTIES

3.That he conceal or does not disclose

a.That the offender enters any places

b.That he has no authority therefor.

c. That his purpose is to obtain

a.That the offender is a public officer.

b.That he has in his possession the

c.That he discloses their contents to a

Section 2 - Provoking War and Disloyalty in Case of War

3.That the offender violates such

3.That the offender attempts to flee or

4.That going to the enemy country is

Section 3 - Piracy and Mutiny on the High Seas or in Philippine Waters

123 Qualified Piracy Piracy or Mutiny is, therefore qualified if

1.Whenever the offender have seized the

2.Whenever the pirates have abandoned

3.Whenever the crime is accompanied by

Requirements of levying war:

Two ways of proving treason:

General rule: Conspiracy and Proposal is

Exception: In treason, Conspiracy and

Reason: The very existence of the state

The offender in misprision of treason is

Article 116 is an exception to the rule that

Espionage vs. Treason

Espionage - is a crime not conditioned by

Treason - is committed only in time of

Treason is limited in two ways of

The said crime is committed in time of

There must be a REGULATION issued

Circumstances qualifying the offense

Note: If the offender intended to aid the

An alien resident maybe guilty of flight to

The mere attempt to flee or go to enemy

Piracy and Mutiny may be considered as

Piracy vs. Mutiny

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