Crim Law Review-Book 2

8/3/2019 Crim Law Review-Book 2

1/26

FELONIES, CRIMESAND PENALTIES


2/26

BOOK 2 BY TITLE

Titles 1-6 - Against thePublic Title 1 National Security

Title 2 FundamentalLaws of the State

Title 3 Public Order

Title 4 Public Interest

Title 5 Drugs

Title 6 Public Morals

Title 7 By PublicOfficers

Title 8 Against Persons

Title 9 Against PersonalLiberty and Security

Title 10 AgainstProperty

Title 11 AgainstChastity

Title 12 Against theCivil Status of Persons

Title 13 Against Honor

Title 14 Quasi-Offenses


3/26

TITLES 1-6: AGAINSTTHE PUBLIC

Note Article 2 of the RPC providing for extra-territorial application of the Code to offensesinvolving national security and the law of nations(Title 1Treason and espionage, Provoking war

and disloyalty in case of warand Piracy and mutinyon the high seas in Philippine waters).

In all the other titles, there is no extraterritorial

application of the RPC.


4/26

ARTICLES 114, 116 TREASONANDMISPRISIONOF TREASON

Elements of Treason: Committed by a Filipino

citizen or resident alien (a) levying war against

PH, or

(b) adheres to enemies ofthe PH by giving them aidor comfort within the PHor elsewhere

Two-witness rule (noconviction unless basedon the testimony of twowitnesses to the sameovert act)

Committed in times ofwar only

Misprision of treason iscommitted only by acitizen (one who owesallegiance to the PHwithout being a foreigner)

and is a felony by bothact and omission. (a) with knowledge of a

conspiracy against thePH,

(b) conceals or does not(fails to) make known assoon as possible

Penalty is that ofaccessory to Treason


5/26

ART. 117 ESPIONAGE

I. By a PrivateIndividual (a) Enters a warship,

fort, military

establishment withoutauthority

(b) to obtain anyinformation, plans,photographs or otherdata of a confidential

nature relative to PHdefense;

II. By a Public Officer (a) Possesses

confidential informationby reason of publicoffice;

(b) discloses this to arepresentative of aforeign nation;

If the acts in (I) are

committed by a publicofficer, penalty is theone next higher indegree.


6/26

ARTS. 118-121 PROVOKINGWARANDDISLOYALTYINCASEOFWAR

Art. 118 A public officer orprivate person provokes orgives occasion for war byunlawful or unauthorized actsor exposes PH citizens toreprisals.

Art. 119 This involvesviolation of any rule imposedto maintain neutrality during awar where PH is NOTinvolved.

Art. 121 A person who owesallegiance to PH attempts toflee to an enemy countrywhen such flight is prohibited

Art. 120 Necessary elementis war where PH is involved;violation is throughcorrespondence with anenemy country or territoryoccupied by enemy troops

(a) by prohibitedcorrespondence; (b) by ciphers or conventional

signs; (c) through information that

benefits the enemy;


7/26

ARTS. 122-123 PIRACYAND MUTINY

Piracy in general andmutiny on high seas in PHwaters

(a) act is committed on thehigh seas or in PH waters,

(b) by any person who shallattack or seize a vessel, or

(c) seize the whole or partof the cargo, equipment orpersonal belongings of itscomplement or passengers.

*Piracy is a predicate act ofTerrorism under RA 9372

Mutiny is not definedexpressly but is understoodto be the same acts aspiracy except that they areperformed by the crew.

Qualified Piracy (a) seizure of vessel by

boarding or firing on thevessel;

(b) abandonment of victims;

(c) committed by

murder/homicide, physicalinjuries or rape;


8/26

PD 532 ANTI-PIRACYAND ANTI-HIGHWAYROBBERY ACTOF 1974

Sec. 4. PD 532Abetting piracy ispunished separatelyfrom piracy

(a) knowingly and inany manner aids orprotects pirates, (b)acquires or receivesproperty taken bypirates, or (c) directly orindirectly abets thecommission of piracy

Under PD 532,offenders areconsideredaccomplices of the

principal offenders. Cf. Art. 18, RPC acts

of cooperation prior toor simultaneous withthe acts of the principal,without being aprincipal.


9/26

TITLE 2 AGAINSTTHE FUNDAMENTAL LAWOFTHE STATE

The common thread in all the felonies under thistitle is that they involve violations of fundamentalrights, particularly those involving liberty of person,privacy of dwelling and freedom to worship.

Consistent with the nature of the fundamentalrights, these felonies are committed only by publicofficers (except Art. 133 - Offending the ReligiousFeeling)


10/26

ARTS. 124-127LIBERTYOF PERSON

Art. 124 Arbitrary Detention (a) No legal grounds* for

detention (b) Relevant periods of

detention is any period(minimum) up to beyond 6months;

(c) Penalty starts if detention isnot longer than 3 days

*Commission of a crime orviolent insanity are legalgrounds for detention.

Only public officers withmandate to arrest and detaincan commit this felony,

Art. 125 Delay in delivery ofdetained persons to theproper judicial authorities (a) detention is for a legal

ground (b) failure to charge the person

within 12-18-36 hours (light-correctional-afflictive/capitalpenalties*) from start ofdetention

*Cf. Arts. 9 and 25 Cfalso RA 9372 Terrorism

Law, sec. 18 (provides an

exception from Art. 125 tothose who are authorized inwriting by the Anti-TerrorismCouncil)


11/26

ARTS. 124-127 LIBERTYOF PERSON

Art. 126 Delaying

release

(a) Material period ofdelay is that in Art. 124

(any period to beyondsix months)

(b) Delay in actualrelease or delivery ofnotice of release

Art. 127 Expulsion

(a) Two acts:

1. Expulsion

2. Compelled change of

residence (b) by any public officer

without any lawfulauthority

Cf. Marcos v.Manglapuspro hacviceruling


12/26

ARTS. 128-130 VIOLATIONOF DOMICILE

Art. 128 Violation ofdomicile

(a) by a public officerwithout a judicial order who Enters a dwelling against the

will of the owner,

searches without previousconsent of owner, or

refuses to leave dwellingafter having surreptitiouslyentered and being required toleave;

Qualifying circumstances:(a) nighttime, (b) non-returnof papers and effects thatare not contraband

Art. 129 Search warrantsmalicious obtained andabuse in service of legalSWs

Art. 130 Searching domicile

without witnesses Two witnesses from the

same locality

Cf. Rule 126, sec. 8


13/26

ARTS. 131 PEACEFUL MEETINGS

Art. 131 Prohibition, interruption, dissolution of

peaceful meetings

(a) no legal ground

(b) prohibit, interrupt, dissolves peaceful meeting

(c) hinder any person from joining any lawful associationor attending any of its meetings;

(d) prohibit or hinder any person from addressing anypetition for correction of abuses or redress of

grievances


14/26

ARTS. 132-133 RELIGIOUS WORSHIP

Art. 132 Interruption ofreligious worship (a) Prevent or disturb the

ceremonies ormanifestations of anyreligion;

(b) Higher penalty ifcommitted with violence orthreats

Art. 133 Offending thereligious feelings (a) may be committed by a

public officer or a privateindividual;

(b) performs acts

notoriously* offensive to thefeelings of the faithful; (c) in a place devoted to

religious worship or duringthe celebration of anyreligious ceremony;

*Question of fact;understood as anything thatis insulting or demeaning


15/26

TITLE 3 - PUBLIC ORDER OFFENSES

The common thread for all these felonies (Arts. 134to Arts. 159) is that they disrupt or have thetendency to disrupt general welfare and public lifeby undermining the enjoyment of the liberty of

others or the stability of governmental actions.


16/26

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 134 Rebellion orinsurrection

(a) public armed uprising

(b) against the

government (c) for the purpose of:

1. removing from itallegiance;

2. depriving the Presidentor Congress, wholly or

partially, of any of theirpowers or prerogatives

No specific definition ofinsurrection as opposedto rebellion

Commentators make a

distinction as to thescope of the uprising; ifdirected against theentire government, it isrebellion, if it is only as

against particular areas,insurrection. The basisfor this distinction ishowever unclear.


17/26


Art. 134 Rebellion or

insurrection

No complex crime ofrebellion with otheroffenses.

The absorptionprinciple in Hernandezremains to be goodlaw.

Can a person who hasknowledge of arebellion but concealsor fails to disclose the

same be held liable?

No, unlike misprision oftreason, there is nofelony of misprision of

rebellion.


18/26


Art. 134 Rebellion or

insurrection

Can rebellion becommitted by a singleperson?

No, because there is arequirement of a publicuprising, whichcontemplates an act ofa group of persons.

Art. 135 punishes withseparate and distinctpenalties the leader ofa rebellion, coup

deetat as well as aparticipant.

If the leader isunknown, the person

who speaks for therebellion, coup detat isdeemed the leader.


19/26


Art. 134 Rebellion orinsurrection

Can a rebellion be committedby public officers?

While Art. 134 does notappear to distinguish, it wouldappear that if the same actsare performed by a publicofficer, it would be coupdetat.

Art. 136 Coupdetat

(a) Swift attack (b) with violence, threat,

strategy, or stealth (c) directed against duly

constituted authorities of thePH, or any military camp, orinstallation, communicationsnetworks, public utilities or anyother facilities needed for theexercise and continuedpossession of power

(d) for the purpose of seizing or

diminishing state power. (e) by any person/s belonging

to the military, police or holdingpublic office with or withoutcivilian support.


20/26


Art. 136 Coupdetat

Like rebellion, a coupdetathas a political motive.

Unlike rebellion, it may be

done singly.

Can a coupdetatbecommitted in any location?

No, the RPC expresslyrequires that it be directed

against an installation orplaces needed for theexercise and continuedpossession of power.

Can a rebellion or a coupdetatbe committed in thefrustrated andconsummated stages?

It depends on how the lastact that brings about the

felony is defined. If it isdefined by the result, i.e.,that the purpose isachieved, then unlessgovernment falls, bothfelonies will only exist in the

frustrated stage. If it is notdefined by the achievementof the purpose, then thefrustrated stage will neverexist.


21/26


Art. 138 Inciting to rebellionor insurrection

There is no felony of incitingto a Coupdetat

(a) without taking arms againstthe government or being inopen hostility to government,

(b) incites others to theexecution of any of the acts inArticle 134

(c) through speeches, writings,

or other means directed towardthat end.

Art. 139. Sedition (a) public and tumultuous

uprising (b) to attain by force,

intimidation, or by other meansother than legal, the ffobjectives: 1. prevent the promulgation or

execution of any law or theholding of any election;

2. prevent the government orany public officer from freelyexercising functions,

3. inflict any act of hate orrevenge upon a public officer

4. commit for any political orsocial end, any act of hate orrevenge against private personsor any social class

5. despoil for any political orsocial end, any person,municipality or province or thenational government.


22/26


Art. 140 Inciting to sedition (a) no part in the sedition

(b) incite others to commitsedition

(c) uttering words or makingspeeches, write, publish orcirculate scurrilous libels against

the government, or which tend todisturb or obstruct any officer inexecuting the functions of hisoffice, or tend to instigate othersto cabal and meet together forunlawful purposes, or which leador tend to stir up the peopleagainst the authorities or todisturb the peace of the

community and safety of thegovernment, (d) or shall knowingly conceal

such evil practices.


uprising (b) to attain by force, intimidation,

or by other means other thanlegal, the ff objectives: 1. prevent the promulgation or

execution of any law or the holdingof any election;

2. prevent the government or anypublic officer from freelyexercising functions,


4. commit for any political orsocial end, any act of hate orrevenge against private persons or

any social class 5. despoil for any political or

social end, any person,municipality or province or thenational government.


23/26


Art. 142 Inciting to sedition (a) no part in the sedition

(b) incite others to commitsedition

(c) uttering words or makingspeeches, write, publish orcirculate scurrilous libels against

the government, or which tend todisturb or obstruct any officer inexecuting the functions of hisoffice, or tend to instigate othersto cabal and meet together forunlawful purposes, or which leador tend to stir up the peopleagainst the authorities or todisturb the peace of the

community and safety of thegovernment, (d) or shall knowingly conceal

such evil practices.


uprising (b) to attain by force, intimidation,

or by other means other thanlegal, the ff objectives: 1. prevent the promulgation or

execution of any law or the holdingof any election;

2. prevent the government or anypublic officer from freelyexercising functions,


4. commit for any political orsocial end, any act of hate orrevenge against private persons or

any social class 5. despoil for any political or

social end, any person,municipality or province or thenational government.


24/26

THE CONSPIRACIESAND PROPOSALS

Art. 115 C/P to committreason

Art. 136 C/P to commitrebellion or coup detat

Art. 141 C to commit

sedition (*no proposal) Art. 186 Monopolies

and Combinations inRestraint of Trade

Art. 306 Brigands

(more than three armedpersons form a band cf.Art. 14(6)actedtogether)

RA 9165, sec. 26 Conspiracy inthe ff. acts:1. Importation of DD, controlled

precursor or essentialchemical;

2. Sale, trade, administration,dispensation, delivery,distribution and transportationof DD, CP, EC;

3. Maintenance of den, dive, orresort where DD is used in any

form;4. Manufacture of any DD, CP,

EC;5. Cultivation or culture of plants

which are sources of DD


25/26

CONSPIRACIESAND PROPOSALS

RA 9372 (Terrorism)

Sec. 4 - there is a conspiracy when two or more personcome to an agreement concerning the commission ofthe crime of terrorism (under sec. 3) and decide to

commit the same.


26/26

ARTS. 143-145 AGAINST POPULARREPRESENTATION

Art. 143 Preventing themeeting of the Assembly andsimilar bodies (a) by force or fraud (b) prevents the meeting of the

Congress or any of itscommittees or sub committees

Art. 144 Disturbance ofproceedings (a) any disturbance (b) or in the presence of any

such bodies should behave ina manner as to interrupt itsproceeding or impair therespect due it.

Art. 145 Violation ofparliamentary immunity (a) through force, intimidation,

threats or fraud, (b) prevents any member of

the Congress from attendingthe meetings of congress or

any of its committees,expressing his opinions orcasting his vote

(c) on any public officer whoshall arrest or search anymember of Congress while it isin session unless the memberhas committed a felony

punished by a penalty higherthan prision mayor.

Crim Law Review-Book 2

Documents

Transcript of Crim Law Review-Book 2