Art.114 Treason - Elements 1. Offender is a Filipino citizen or an alien resident 2. There is a war in and Philippines is involved 3.

Offender either a. levies war against the government or b. adheres to enemies,giving aid or comfort Notes: Treason - breach of allegiance to the government by a person who owes allegiance to it. Allegiance - obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign in return for protection they receive. Treason is a war crime - punished by state as a measure of self protection. Committed in times of war (not peace) when there is actual hostilities.No need for a declaration of war. Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason.But when the position is policy-determining,the acceptance of public office and the discharge of official duties constitute treason. Persons liable 1. Filipino - permanent allegiance, can commit treason anywhere. 2. Alien residing - temporary allegiance,commit treason only while residing in the Philippines. Treason committed in a foreign country may be prosecuted in the Philippines. Treason by an alien must be committed in the Philippines. Ways to commit treason 1. Levying war against the government - requires a. Actual assembling of men b. Purpose of executing a treasonable design by force. 2. Adheres to enemies - the following must concur together a. Actual adherence b. Give aid or comfort Notes:

levying war - must be with intent to overthrow the government as such,not merely to repeal a particular statute or to resist a particular officer. Not necessary that those attempting to overthrow the government by the force of arms should have the apparent power to succeed in their design,in whole or in part. Adherence - intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country's policy or interest. Aid or comfort - act which strengthen or tends to strengthen the enemy of the government in the conduct of war against the government or an act which weakens or tends to weaken the power of the government or the country to resist or to attack the enemies of the government or country.

Ways to prove 1. Treason a. testimony of at least 2 witnesses to the same overt act b. judicial confession of accused 2. Adherence a. one witness b. nature of act itself c. circumstances surrounding act. Notes:

To convict - testimonies must relate to the same overt act - not two similar acts. If act is separable - each witness can testify to parts of it,but the act as a whole must be identifiable as an overt act. Confession must be in open court. Reason for 2 witness rule - special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice.Extreme seriousness of the crime for which death is one of the penalties provided by law and the fact that the crime is committed in abnormal times,when small differences may in mortal enmity wipe out all scruples in sacrificing the truth.

General Notes:

inherent circumstances - they do not aggravate the crime 1. evident premeditation 2. superior strength 3. treachery

Treason is a continuing crime - even after the war,offender can still be prosecuted. No treason through negligence - since it must be intentional No complex crime of treason with murder - murder is the overt act of aid or comfort and is therefore inseparable from treason itself. Defense - duress or uncontrollable fear - obedience to defacto government Not defense - suspended allegiance - joining the enemy army thus becoming a citizen of the enemy.

Art.115 Conspiracy and Proposal to Commit Treason Elements - Conspiracy 1. In tome of war 2. Two or more persons come to an agreement to a. Levy war against the government or b. Adhere to the enemies and to give them aid or comfort 3. They decide to commit it Elements - Proposal 1. In time of war 2. A person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort. 3. Proposes its execution to some other person/s. General notes:

As a general rule,conspiracy and proposal to commit a felony is not punishable.Art.115 is an exemption as it specifically penalizes conspiracy and proposal to commit treason. Mere agreement and decision to commit treason is punishable. Two witness rule - not applicable since this is a crime separate from treason. Mere proposal even without acceptance is punishable,too.If the other accepts,it is already conspiracy. If actual acts of treason are committed after the conspiracy or proposal,the crime committed will be treason and the conspiracy or proposal is considered as a means in the commission thereof.

Art.116 Misprision of Treason Elements 1. Offender owes allegiance to the government 2. Not a foreigner 3. Has knowledge of any conspiracy to commit treason against the government 4. He conceals or does not disclose the same to the authorities in which he resides. Notes:

Offender is punished as an accessory to the crime of treason.But is actually principal to this crime. Crime does not apply if crime of treason is already committed and it is not reported. It is a crime of omission.

RPC mentions 4 individuals (example,governor,provincial fiscal,mayor, or city fiscal) but what if you report to some other high ranking government official? ex. PNP Director, Any government official of the DILG is OK.

Art.117. 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 thePhilippines or the advantage of a foreign nation. Modes of Committing Espionage 1. By entering,without authority,a warship,fort,or military or naval establishment or reservation to obtain any information,plan,or other data of confidential nature relative to the defense of the Philippines. Elements 1) That the offender enters a warship,fort,naval,or military establishment or reservation. 2) That he has no authority therefore and 3) That 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 preceding paragraph which he had in his possession by reason of the public office he holds. Elements 1) That the offender is a public officer 2) That he has in his possession the articles,data,or information referred to in the first mode of committing espionage,by reason of the public office he holds and 3) That he discloses their contents to a representative of a foreign nation. Persons Liable 1. First Mode 1) Filipino 2) Alien residing 2. Second Mode - Offender is a public officer. Notes:

Being a public officer is a requirement in the second paragraph. It is aggravating in the first. Wiretapping is not Espionage if the purpose is not connected with the defense. In the first mode of committing the felony,it is not necessary that the offender succeeds in obtaining theinformation. Espionage 1. War and peace time 2. Committed in may ways

Treason - In both,not conditioned by citizenship of offender. 1. Committed in war time 2. Limited in 2 ways of committing crime:Levying war and adhering to the enemy giving them air comfort.

CA NO. 616 - An act to punish Espionage and other offenses against the National security. Acts Punishable: 1. Unlawfully obtaining or permitting to be obtained information affecting national defense. 2. Unlawful disclosing of information affecting national defense. 3. Disloyal acts or words in time of peace (ex. causing insubordination,disloyalty mutiny) 4. Disloyal acts in times of war. 5. Conspiracy to commit the foregoing acts. 6. Harboring or concealing violators of the law 7. Photographing from aircraft of vital military information. Section Two Provoking War and Disloyalty in Case of War Art.118. Inciting to war or giving motives for reprisals Elements: 1. Offender performs unlawful or unauthorized acts. 2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their person or property.

Notes:

Intent of the offender is immaterial. In inciting to war,the offender is any person,if the offender is a public officer,the penalty is higher. Reprisals are not limited to military action,it could be economic reprisals or denial of entry into their country. ex. Pedro burns Chinese flag.If china bans the entry of Filipinos in china,that is reprisals.

Art.119 Violation of Neutrality Elements: 1. That there is a war in which the Philippines is not involved. 2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality and 3. That the offender violates such regulation. Notes:

This crime is committed only in times of war. Neutrality of the Philippines that was violated. There has to be a regulation issued by competent authority for enforcement of neutrality.Offender violated it. Being public officer or employee has higher penalty.

Art.120 Correspondence with hostile country Elements: 1. There is a war in and Philippine is involved. 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops. 3. That the correspondence is either a. prohibited by the government b. carried on in ciphers or conventional signs or c. containing notice or information which might be useful to the enemy. Qualifying Circumstances 1. Notice or information might be useful to the enemy. 2. Offender intended to aid the enemy. Notes:

A hostile country exists only during hostilities or after the declaration of war. Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to the offender. It is not correspondence with private individual in enemy country. If ciphers were used,no need for prohibition of the government. If ciphers were not used,there is a need for prohibition of the government. It is immaterial if correspondence contains innocent matters.If prohibited,correspondence is punishable.

Art.121. Flight to enemy's country Elements: 1. There is a war and Philippine is involved. 2. Offender owes allegiance to the government. 3. Offender attempts to flee or go to enemy country. 4. Going to enemy country is prohibited by competent authority. Persons liable: 1. Filipino citizen 2. Alien residing in the Philippines Notes:

There must be a prohibition.If there is none,even if one went to enemy country,there is no crime. An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary.

Section Three Piracy and Mutiny on the High Seas Art.122 Piracy in General and Mutiny on the high seas Piracy - Modes to commit 1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD532) 2. By seizing the whole or part of the cargo of said vessels,its equipment or personal belongings of its compliment or passengers,the offenders being strangers to the vessels. Piracy - it is 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 - the unlawful resistance to a superior or the raising of commotions and disturbances on board a ship against the authority of its commander. Elements of Piracy 1. A vessel is on the high seas or in Philippine waters 2. Offenders - not members of its complement nor passengers of the vessel and 3. That the offenders a. attack or seize vessel (if committed by crew or passengers,the crime is not piracy but robbery in the high seas or b. seize in whole or part of vessels cargo,equipment,or personal belongings of its complement or passengers. High seas - any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic zone,in the territorial seas or in the internal waters of a state or in the archipelagic waters of an archipelagic state (united nations convention on the law of the sea) Philippine waters - all bodies of water such as but not limited to seas,gulfs,bays,around,between,and connecting each of the islands of the Philippine archipelago,irrespective of its depth,breadth,length,or dimension and all waters belonging to the Philippines by historic or legal title including territorial sea,the sea bed,the insular shelves,and other submarine areas over which the Philippines has sovereignty and jurisdiction. (sec.2 PD 532)

Now art. 122 as amended by RA 7659 - Piracy and Mutiny in Philippine waters is punishable. Before RA 7659 amended Art. 122,piracy and mutiny only on the high seas was punishable.However,the commission of the acts describe in Art. 122 and 123 in Philippine waters was under PD 532. Piracy in high seas - jurisdiction of any court where offenders are found or arrested. Piracy in internal waters - jurisdiction of Philippine courts For purposes of the anti-fencing law,piracy is part of robbery and theft. Mutiny 1. Unlawful resistance to a superior officer or the raising of commotion and disturbances on board a ship against the authority of its commander. 2. Intent to gain is not an element. 3. Attack from the inside.

Piracy 1. 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. 2. Intent to gain is an element. 3. Attack fro outside - offenders are strangers to the vessel. Piracy The offender is an outsider

Robbery on high seas The offender is a member of the complement or a passenger of the vessel.

Note: In both,there is intent to gain and the manner of committing the crime is the same.

Art. 122 RPC Offender is outsider

Within Philippine Waters PD 532 Offender is crew or passenger

PD 532 Anti Piracy and Anti-Highway Robbery Law of 1974 Vessel - any vessel or watercraft used for 1. Transport of passengers and cargo or 2. Fishing Aiding or Abetting Piracy - Requisites 1. knowingly acts or protects pirates 2. acquires or receives property taken by such pirates or in any manner derives any benefit. 3. directly or indirectly abets the commission of piracy. Note: Under PD 532,piracy may be committed even by a passenger or member of the complement of the vessel. Art. 123. Qualified piracy Qualifying Circumstances: 1. Whenever they have seizure of the vessel by boarding or firing upon the same 2. Abandonment of victims without means of saving themselves 3. Piracy was accompanied by murder, homicide, physical injuries or rape. Notes: Parricide/Infanticide should be included according to judge Pimentel.

There is a conflict between this provision and the provision on rape. ex. if rape is committed on someone below 7 years old,penalty is death under the new rape law.But if rape is committed on someone below 7 during the time of piracy,penalty is reclusion perpetua to death. The murder,rape,homicide,physical injuries must have been committed on the passengers or on the complement of the vessel. Piracy is a crime not against any particular state but against all mankind.It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. Qualified piracy - a special complex crime punishable by reclusion perpetua to death,regardless of the number of victims. RA No. 6235 Anti Hijacking Law

Acts Punishable: 1. By compelling a change in the course or destination of an aircraft of Philippine registry or seizing or usurping the control thereof while it is in flight. 2. By compelling an aircraft of foreign registry to land in Philippine territory or seizing or usurping the control thereof while it is in the said territory. 3. By shipping,loading,or carrying in any passenger aircraft operating as a public utility within the Philippines any explosive,flammable,corrosive,or poisonous substance or material. Notes: Inflight - From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation. * Where the aircraft is of Philippine registry,the offense must be committed while in flight.Hence,the act must take place after all exterior doors are closed following embarkation. * Where the aircraft is of foreign registry,offense need not take place while in flight. Qualifying circumstances (Paragraph 1 and 2) 1. Firing upon the pilot,member of the crew or passenger of the aircraft. 2. Exploding or attempting to explode any bomb or explosive to destroy the aircraft. 3. The crime is accompanied by murder,homicide,serious physical injuries or rape. Notes: For "firing upon" to qualify the offense,the offender must have actually fired his weapon.Mere attempt is not enough. * For "firing upon" to qualify the offense,the offender need not succeed in hitting the pilot,crew member, or passenger. Title Two

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Chapter One ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP Section One. Arbitrary detention and expulsion Classes of Arbitrary Detention 1. By detaining a person without legal ground 2. Delay in the delivery of detained persons to the proper judicial authorities. 3. Delaying release Art. 124. Arbitrary detention Elements: 1. That the offender is a public officer or employee (whose official duty include the authority to make an arrest and detain persons. 2. That he detains a person 3. That it was without legal grounds Notes: * Though the elements specify that the offender be a public officer or employee,private individuals who conspire with public officers can be liable as principals. * Legal Grounds for the detention of any person 1. Commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital. * Grounds for warrantless arrest 1. Crime is about to be,is being,or has been committed 2. Arresting officer must have personal knowledge that the person probably committed the crime 3. Person to be arrested is an escaped prisoner * Ramos vs Enrile - Rebels later retire.Once you have committed rebellion and have not been punished or amnestied,the rebels continue to engage in rebellion unless the rebels renounce their affiliation.Arrest can be made without warrant because rebellion is a continuing crime. Art.125 Delay in the delivery of detained persons to the proper judicial authorities Elements: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground 3. That he fails to deliver such person to the proper judicial authority within a. 12 hrs. - detained for crimes punishable by light penalties or equivalent b. 18 hrs. - for crimes punishable by correctional penalties or their equivalent c. 36 hrs. - for crimes punishable by capital punishment or afflictive penalties or their equivalent Notes: * The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for.This does not contemplate actual physical delivery. * The filing of the information in court beyond the specified periods does not cure illegality of detention.Neither does it affect the legality of the confinement under process issued by the court. * To prevent committing this felony,officers usually ask accused to execute a waiver of art.125 which should be under oath and with assistance of counsel.Such waiver is not violative of the constitutional right of the accused. * Contemplates arrest by virtue of some legal ground or valid warrantless arrest. * If arrested by virtue of arrest warrant,person may be detained until case is decided. * Length of waiver 1. Light offense - 5 days 2. Serious and Less serious offenses - 7 to 10 days * If offender is a private person,the crime is illegal detention. * In Arbitrary detention,detention is illegal from the beginning whereas in Delay in the delivery of detained person,detention is legal in the beginning but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authorities. Art. 126. Delaying release Elements: 1. That the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner or that there is a proceeding upon a petition for the liberation of such person.

3. That the offender without good reason delays a. The service of the notice of such order to the prisoner b. The performance of such judicial or executive order for the release of the prisoner c. The proceedings upon a petition for the release of such person Note: Wardens and jailers are the persons most likely to violate this provision. Art.127. Expulsion Elements: 1. That the offender is a public officer or employee 2. That he expels any person from the philippines or compels a person to change his residence 3. That the offender is not authorized to do so by law Acts punishable: 1. By expelling a person from the Philippines 2. By compelling a person to change his residence Notes: * The crime of expulsion absorbs that of grave coercion.If done by private person,act will amount to grave coercion * Crime does not include expulsion of undesirable aliens,destierro,or when sent to prison. * If a Filipino who after voluntarily leaving the country is illegally refused re-entry is considered a victim of being forced to change his address. * Threat to national security is not a valid ground to expel or to compel one to change his address. * The chief executive has the power to deport undesirable aliens. Art.128. Violation of Domicile Elements: 1. That the offender is a public officer or employee 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. 3. That he commits any of the following acts: a. Entering any dwelling against the will of the owner thereof b. Searching papers or other effects found therein without the previous consent of such owner c. Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same. Special Aggravating Circumstances: 1. Night time 2. Papers or effects not constituting evidence of a crime are not returned immediately. Notes: * The judicial order is the search warrant * If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling. * When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense,the crime committed by the public officer is either grave coercion if violence or intimidation is used,unjust vexation if there is no violence or intimidation. * Public officer without a search warrant can not lawfully enter the dwelling against the will of the owner,even if he knew that someone in that dwelling is in unlawful possession of opium. Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. Acts punishable: 1. Procuring a search warrant without just cause Elements: a. That the offender is a public officer or employee b. That he procures a search warrant c. That there is no just cause 2. Exceeding his authority by using unnecessary severity in executing a search warrant legally procured. Elements: a. That the offender is a public officer or employee b. That he has legally procured a search warrant c. That he exceeds his authority or uses unnecessary severity in executing the same.

Notes: * Search warrant is valid for 10 days from date of issue. * If there is no just cause,the warrant is unjustified. * The search is limited to what is described in the warrant.All details must be set forth with particularity. * Example of a search warrant maliciously obtained - X was a respondent of a search warrant for illegal possession of firearms.A return was made.The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. * Examples of abuse in service of warrant 1. X owner was handcuffed while search was going on. 2. Tank was used to ram gate prior to announcement that a search will be made. 3. Persons who were not respondents were searched. * An exception to the necessity of a search warrant is the right of search and seizure as an incident to lawful arrest. Art. 130. Searching domicile without witnesses. Elements: 1. That the offender is public officer or employee 2. That he is armed with a search warrant legally procured 3. That he searches the domicile,papers,or other belongings of any person 4. That the owner or any member of his family or two witnesses residing in the same locality are not present. Note: Order of those who must witness the search 1. Homeowner 2. Members of the family of sufficient age and discretion 3. responsible members of the community * validity of the search warrant can be questioned only in 2 courts,where issued and where the case is pending. The latter is preferred for objective determination. Section Three. Prohibition, interruption and dissolution of peaceful meetings Art. 131. Prohibition, interruption and dissolution of peaceful meetings. Elements: 1. Offender is a public officer or employee 2. He performs any of the following acts: a. Prohibiting or interrupting without legal ground the holding of a peaceful meeting or dissolving the same. Example: Denial of permit in arbitrary manner b. Hindering any person from joining any lawful association or from attending any of its meetings. c. 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. Notes: * If the offender is a private individual,the crime is disturbance of public order. * Meeting must be peaceful and there is no legal ground for prohibiting,dissolving or interrupting that meeting. * Offender must be a stranger not a participant in the peaceful meeting otherwise the offense is unjust vexation. * Interrupting and dissolving the meeting of the municipal council by a public officer is a crime against the legislative body and not punishable under this article. * The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped. * But stopping the speaker who was attacking certain churches in public meeting is a violation of this article. * Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places.But if a police stops a meeting in a private place because there is no permit, officer is liable for stopping the meeting. Section Four. Crimes against religious worship Art. 132. Interruption of religious ceremonies Elements: 1. That the offender is a public officer or employee 2. That the religious ceremonies or manifestations of any religion are about to take place or going on.

3. That the offender prevents or disturbs the same. Notes: * Qualifying circumstances: 1. violence 2. Threats * Reading of bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion but only a meeting of a religious sect.But if done in a private home its religious service. * Religious worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion.Example: mass,baptism,marriage * X,a private person boxed a priest while the priest was giving homily and maligning a relative of X,Is X liable? X may be liable under Art.133 (offending religious feelings) because X is a private person. Art. 133. Offending the religious feelings Elements: 1. Acts complained of were performed a. in a place devoted to religious worship or b. During the celebration of any religious ceremony 2. Acts must be notoriously offensive to the feelings of the faithful 3. Offender is any person 4. There is a deliberate intent to hurt the feelings of the faithful directed against religious tenet. Notes: * If in a place devoted to religious purpose,there is no need for ongoing religious ceremony * Example of religious ceremony (acts performed outside the church)processions and special prayers for burying dead persons but not prayer rallies. * Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule as mocking or scoffing or attempting to damage an object of religious veneration. * There must be deliberate intent to hurt the feelings of the faithful,mere arrogance or rudeness is not enough. Crime 1. Prohibition,Interruption, dissolution of peaceful meeting (art.131) 2. Interruption or religious worship 3. Offending the religious feeling Nature of Crime 1. Crime against the fundamental law of the state. 2. Crimes against the fundamental law of the state. 3. Crime against public order Who are liable 1. Public officers, outsiders 2. Public officers, outsiders If Element missing 1. If not by public officer - tumults

2. If by insider - unjust vexation if not notoriously offensive unjust vexation 3. Public officers,private 3. If not tumults - alarms persons,outsiders and scandal, if meeting illegal at onset - inciting to sedition or rebellion.

Title Three CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION, SEDITION AND DISLOYALTY Political Crimes - are those directly aimed against the political order,as well as such common crimes as may be committed to achieve a political purpose.The decisive factor is the intent or motive. Art. 134. Rebellion or insurrection Elements: 1. That there be a public armed uprising 2. That the purpose of the uprising or movement is either a. To remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or any body of land,naval,or other armed forces or b. To deprive the chief executive or congress wholly or partially of any of their powers or prerogatives. Persons liable: 1. Any person who a. promotes b. maintains c. heads a rebellion or insurrection (leader) 2. Any person merely participating or executing the command of others in rebellion (participant) 3. Any person who in act directed the others,spoke for them,signed receipts and other documents issued in their name,or performed similar acts on behalf of the rebels (person deemed leader when leader is unknown) Notes: * Rebellion is the term used where the object of the movement is completely to overthrow and supersede the existing government. * Insurrection - refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority with respect to particular matters or subjects. * Purpose of the uprising must be shown but it is not necessary that it be accomplished. * If there is no public uprising,the crime is direct assault. * Mere giving of aid or comfort is not criminal in case of rebellion.There must be actual participation. * People vs. Hernandez ruling - Rebellion can not be complexed with ordinary crimes done pursuant to it. * People vs. Geronimo ruling - crimes done for private purposes without political motivation should be separately punished. * Enrile vs. Salazar - Upheld Hernandez. Thus,Rebellion absorbs other crimes committed in furtherance of rebellion.Illegal possession of firearms in furtherance of rebellion is absorbed by the crime of rebellion.A private crime may be committed during rebellion. Rape,even if not in furtherance of rebellion can not be complexed with rebellion. * Rebellion is a continuing crime along with the crime of conspiracy or proposal to commit rebellion. * If killing or robbing were done for private purposes or for profit without any political motivation,the crime would be separately punished and would not be embraced by rebellion. * If the leader is unknown,a person is deemed a leader of rebellion if he a. directed the others b. spoke for them c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the rebels. * Diverting public funds is malversation absorbed in rebellion. * Public officer must take active part because mere silence or omission is not punishable as rebellion. * In rebellion,it is not a defense that the accused never took the oath of allegiance, or that they never recognized the government. Article 134-A. Coup d'etat Elements: 1. Offender is a person or persons belonging to the military or police or holding any public office or employment. 2. Committed by means swift attack,accompanied by violence,intimidation,threat,strategy or stealth. 3. Directed against a. duly constituted authorities of the Philippines b. any military camp or installation c. communication networks,public utilities or other facilities needed for the exercise and continued possession of power. 4. For the purpose of seizing or diminishing state power. Persons Liable 1. Any person who leads or in any manner directs or commands others to undertake coup d'etat.(leaders) 2. Any person in the government service who participates or executes directions or commands of others in undertaking coup d'etat.(participants from government)

3. Any person not in the government service who participates or in any manner supports,finances,abets or aids in undertaking a coup d'etat.(participants not from government) 4. Any person who in act directed the others,spoke for them,signed receipts and other documents issued in their name or performed similar acts on behalf of the rebels (deemed leader if leader is unknown) 1.Nature of Crime 2. Overt Acts Treason National Security Rebellion Public Order Coup d'etat Public Order Sedition Public Order

Levying war against Public uprising and Attacks against Rising publicly and the government or taking up arms against authorities,military tumultuously (more than 3 adherence and giving the government camps,networks or men who are armed or aid or comfort to public utilities or of the provided with means of enemies facilities for power violence 3. Purpose Deliver the govt. to Removing territory seizing or diminishing -see enumeration in art. the enemy during or body of armed state power 139 war forces or depriving the chief executive or legislature * as amended by R.A. 6968 Art. 135 Penalty for Rebellion ,Insurrection or Coup d'etat Who are liable and Penalties Rebellion 1.Leaders - reclusion perpetua 2. Participants - reclusion temporal 3. Deemed leader - reclusion perpetua Coup d'etat 1.Leaders - reclusion perpetua 2. Participants (govt) - reclusion temporal 3. Participant (not govt) - prision mayor 4. Deemed leader - reclusion perpetua Art. 136 Conspiracy and proposal to commit coup d'etat, rebellion or insurrection Elements of conspiracy 1. Two or more persons come to an agreement to rise publicly and take arms against the government. 2. For any of the purposes of rebellion and 3. They decide to commit it. Elements of proposal 1. A person who has decided to rise publicly and takes arm against the government 2. For any of the purposes of rebellion and 3. Proposes its execution to some other person Proposal to commit rebellion Inciting to rebellion 1. The person who proposes has decided to 1. It is not required that the offender has decided commit rebellion to commit rebellion 2. The person who proposes the execution of the 2. The act of inciting is done publicly crime uses secret means - In both,the offender induces another to commit rebellion - In both,the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited. - If they commit rebellion because of the proposal or inciting,the proponent or the one inciting may become a principal by inducement in the crime of rebellion. Notes: * Organizing a group of soldiers,soliciting membership in and soliciting funds for the organization show conspiracy to overthrow the government. * The mere fact of giving and rendering speeches favoring communism would not make the accused guilty of conspiracy.If there is no evidence that the hearers then and there agreed to rise up in arms against the govt. * The advocacy of communism or communistic theory is not a criminal act of conspiracy unless converted into advocacy of action.

* Only when the communist advocates action and actual uprising,war or otherwise does he become guilty of conspiracy to commit rebellion. Art. 137 Disloyalty of public officers or employees Acts punishable 1. Failing to resist rebellion by all means in their power or 2. Continuing to discharge the duties of their offices under the control of rebels or 3. Accepting appointment to office under rebels. Notes: * It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed. * If position is accepted in order to protect the people,not covered by this article. Art. 138 Inciting to rebellion or insurrection Elements 1. That the offender does not take arms or is not in open hostility against the government. 2. That he incites others to the execution of any of the acts of rebellion and 3. That the inciting is done by means of speeches,proclamations,writings,emblems,banners, or other representations tending to the same end. Notes: * Inciting must have been done intentionally calculated to seduce others to rebellion. * In both proposal to commit rebellion and in inciting to rebellion,rebellion should not actually be committed by the persons to whom it was proposed or who were incited.If they commit rebellion because of the the proposal or or incitement, the proponent or the one inciting may become a principal by inducement in the crime of rebellion. Proposal to commit rebellion 1. The person who proposes has decided to commit rebellion. 2. The person who proposes the execution of the crime uses secret means. Inciting to rebellion 1. Not required that the offender has decided to commit rebellion. 2. The inciting is done publicly.

Art. 139. Sedition; How committed. The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. To prevent the promulgation or execution of any law or the holding of any popular election; 2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee; 4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and 5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof. Art. 140 Penalty for sedition Persons liable 1. Leader of the sedition - prision mayor in its minimum period and a fine not exceeding 10,000 pesos. 2. Other persons participating in the sedition - penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos Art. 141 Conspiracy to commit sedition. Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. Note: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute crime of conspiracy to commit sedition. Art. 142. Inciting to sedition. The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or

speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187). Chapter Two CRIMES AGAINST POPULAR REPRESENTATION Section One. Crimes against legislative bodies and similar bodies Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. (Reinstated by E.O. No. 187). Art. 144. Disturbance of proceedings. The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (Reinstated by E.O. No. 187). Section Two. Violation of parliamentary immunity Art. 145. Violation of parliamentary immunity. The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor. Chapter Three ILLEGAL ASSEMBLIES AND ASSOCIATIONS Art. 146. Illegal assemblies. The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.chan robles virtual law library If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187). Art. 147. Illegal associations. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187). Chapter Four ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS Art. 148. Direct assaults. Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or

on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed. Art. 149. Indirect assaults. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. Art. 151. Resistance and disobedience to a person in authority or the agents of such person. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender. Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority. In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985). Chapter Five PUBLIC DISORDERS Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132. The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed. Art. 154. Unlawful use of means of publication and unlawful utterances. The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. Art. 155. Alarms and scandals. The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable. Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period. Chapter Six EVASION OF SERVICE OF SENTENCE Art. 157. Evasion of service of sentence. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period. Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98. Art. 159. Other cases of evasion of service of sentence. The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict

shall then suffer the unexpired portion of his original sentence. Chapter Seven COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.chan robles virtual law library Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.