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ABRENILLO NOTES

1 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016

TITLE ONE  (3) from the


circumstances
CRIMES AGAINST NATIONAL SECURITY surrounding the act

1. Treason (Art. 114);


2. Conspiracy and proposal to commit treason (Art.
115); Is breach of allegiance to a gov’t, committed by a person
3. Misprision of treason (Art. 116); and who owes allegiance to it.
4. Espionage (Art. 117).
It is a violation by a subject of his allegiance to his
CRIMES AGAINST THE LAW OF NATIONS
sovereign or to the supreme authority of the state (US v.
1. Inciting to war or giving motives for reprisals (Art. Abad)
118);
2. Violation of neutrality (Art. 119); Breach of allegiance to the government, committed by a
3. Corresponding with hostile country (Art. 120); person who owes allegiance to it.
4. Flight to enemy's country (Art. 121); and
Allegiance: obligation of fidelity and obedience.
5. Piracy in general and mutiny on the high seas (Art.
122). It is permanent or temporary depending on whether the
ART. 114 TREASON person is a citizen or an alien.

Elements: EO 44. Amended the RPC , which punishes a resident alien


who commits treason.
 Offender is a Filipino citizen or an alien residing in
the Philippines. EVIDENT PREMEDITATION, SUPERIOR STRENGTH AND
 There is war in which the Philippines is involved. TREACHERY are circumstances inherent in treason, and
 Offender either – are, therefore, not aggravating.
o Levies war against the gov’t Treason cannot be committed in times of peace, only in
 that there be an actual
times of war – actual hostilities. But no need for declaration
assembling of men; of war
 for the purpose of executing a
treasonable design by force Treason is a CONTINUING CRIME. Even after the war,
(deliver the country in whole or in offender can be prosecuted. (Pp. v Victoria)
part to the enemy)
Can be committed by Filipino outside the Philippines.
o Adheres to the enemies, giving aid or
comport. Treason by Alien must be committed in the Philippines
 Adherence and giving aid or
No such thing as attempted treason; mere attempt
comfort must concur together. It
consummates the crime
must be a deed or physical
activity. Giving aid or comfort – material element, enhances forces
 Adherence: when a citizen of the enemy country. Acts which strengthen or tend to
intellectually or emotionally strengthen the enemy in the conduct of war against the
favors the enemy and harbors traitor’s country or that which weaken and tend to weaken
convictions disloyal to his the power of the same.
country’s policy. But membership
in the police force during the NOT TREASONOUS:
occupation is NOT treason. 1. Acceptance of public office and discharge of
 Adherence may be proved by: official duties under the enemy does not
 (1) one witness; constitute per se the felony of treason (exception:
Adherence is a state of when it is policy determining)
mind that’s why its not 2. Serving in a puppet government (ministerial
apply. functions) and in order to serve the populace is
 (2) from the nature of the NOT treasonous. But it is treason if: a) there is
act itself; discretion involved; b) inflicts harm on Filipinos; c)
it is disadvantageous to them.

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
2 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
3. Purpose of offender: to deliver the Philippines to mind of the accused never is susceptible of proof by direct
enemy country; if merely to change officials – not testimony.
treason
Confession of guilt must be made in open court.
4. Filipino citizens can commit treason outside the
Philippines. But that of an alien must be Confession of the accused in open court. Arraignment, pre-
committed in the Philippines. trial, trial – OK.
5. Only Filipino citizens or permanent resident aliens
can be held liable  If he has pleaded NOT guilty already during
6. Alien: with permanent resident status from the BID arraignment, he can still confess in open court by
– it is neither the length of stay in the Philippines stating the particular acts constituting treason.
nor the marriage with a Filipino that matters.  During trial, simply saying “I’m guilty” is not
7. Commandeering women to satisfy the lust of the enough.
enemy country is not a treason.  Withdrawing plea of “not guilty” during
8. Arrest of persons alleged to have been guerrillas arraignment not necessary
was caused by the accused due to their  If during arraignment he pleads guilty, court will
committing a common crime, like arson, he is not ask if the accused understands is plea. Submission
liable for treason. (Pp. v Dumapit) of affidavit during trial, even if assisted by counsel
9. The aid or comfort to the enemies must be the is not enough.
subject of a foreign power. Defense of suspended allegiance and change of
10. No treason through negligence. (Cramer v US) sovereignty, NOT ACCEPTED (Laurel v. Misa)
11. No complex crime of Treason with murder,
physical injuries. Murder and PI is inherent to the a.) Citizen owes an absolute and permanent
crime treason. (Pp. v Prieto) allegiance to his gov’t
12. No intent betray the country. b.) Sovereignty of the government cannot be
transferred to the enemy mere occupation
WAYS OF PROVING TREASON: c.) What is suspended is the exercised of the rights of
 2 witnesses testifying to same overt act the sovereignty

Defense of duress/Uncontrollable fear and obedience to a


 Confession of the accused in open court.
de facto gov’t is GOOD DEFENSE. (Pp v Villanueva & Go Kim
Arraignment, pre-trial, trial – OK.
Cham v. Valdez)
2 WITNESS RULE
 The testimony of 2 witness is required prove the Defense of loss of citizenship by joining the army of the
overt act of giving aid or comfort. It is not enemy is NOT A VALID DEFENSE.
necessary to prove adherence.
If the contention of the accused would be sustained, his
 Overt Act – physical activity, that deed that
very crime would be the shield that would protect him
constitutes the rendering of Aid and comfort.
from punishment. (Pp. v Manayao).
 The defendant must acquitted if only one of the
witnesses is believed by the court. Finger woman is considered as Aid or comfort.
 Two witness rule, is not affected by the
Not subject to application ISL, (expressly provided in ISL
discrepancies in minor details of the testimony.
and it is punishable by RP an indivisible penalty.
 The reason of requiring the two witnesses to
testify to the same overt act. ART. 115 CONSPIRACY AND PROPOSAL TO COMMIT
 Corroborate each other TREASON
 Does not allow circumstantial evidence Elements:
Adherence may be proved by:
 In times of war
 one witness;  2 or more persons come to an agreement to and
 from the nature of the act itself; decide to commit it.
 from the circumstances surrounding the act
Mere agreement and decisions to commit treason is
The reason why adherence to the enemy need not be punishable
proved by two witnesses – Because it is designed in the

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
3 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Mere proposal even without acceptance is punishable the treasonous activity was still at the conspiratorial stage.
too. If the other accepts, it is already conspiracy. Because if the treason already erupted into an overt act,
the implication is that the government is already aware of
The reason is that in treason the very existence of the
it. There is no need to report the same. This is a felony by
state is endangered.
omission although committed with dolo, not with culpa.
Two witness rule does not apply to conspiracy or proposal
The persons mentioned in Article 116 are not limited to
to commit treason. Because it is a separate and distinct
mayor, fiscal or governor. Any person in authority having
offense from that of treason. (US v Bautista)
equivalent jurisdiction, like a provincial commander, will
already negate criminal liability.

ART. 116 MISPRISION OF TREASON Whether the conspirators are parents or children, and the
ones who learn the conspiracy is a parent or child, they are
Elements: required to report the same. The reason is that although
blood is thicker than water so to speak, when it comes to
 That the offender must be owing allegiance to the
security of the state, blood relationship is always
government, and not a foreigner
subservient to national security. Article 20 does not apply
 That he has knowledge of any conspiracy (to
here because the persons found liable for this crime are
commit treason) against the government
not considered accessories; they are treated as principals.
 That he conceals or does not disclose and make
known the same as soon as possible to the In the 1994 bar examination, a problem was given with
governor or fiscal of the province or the mayor or respect to misprision of treason. The text of the provision
fiscal of the city in which he resides simply refers to a conspiracy to overthrow the
government. The examiner failed to note that this crime
116 is an exception to the rule mere silence of the person
can only be committed in times of war. The conspiracy
does not make a person criminally liable.
adverted to must be treasonous in character. In the
Misprision cannot be committed by a resident alien. problem given, it was rebellion. A conspiracy to overthrow
the government is a crime of rebellion because there is no
If treason already committed and the accused does not war. Under the Revised Penal Code, there is no crime of
report to the proper authority shall NOT BE LIABLE. misprision of rebellion.
Offender is punished as an accessory to the crime of
treason

This crime does not apply if the crime of treason is already


committed ART.117 ESPIONAGE

It is a Crime of omission Espionage 1 - by entering, without authority therefor,


“To report within a reasonable time” – depends on time, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs
place and circumstance – the RPC did not fix time.
or other data of a confidential nature relative to the
RPC states 4 individuals, what if you report to some other defense of the Philippines.
high-ranking government official? Ex. PNP Director? Judge
Pimentel says any gov’t official of the DILG is OK. Elements:

While in treason, even aliens can commit said crime  That the offender enters any of the places
because of the amendment to the article, no such mentioned therein
 That he has no authority therefore;
amendment was made in misprision of treason. Misprision
of treason is a crime that may be committed only by  That his purpose is to obtain information, plans,
citizens of the Philippines. photographs or other data of a confidential nature
relative to the defense of the Philippines
The essence of the crime is that there are persons who
conspire to commit treason and the offender knew this Offender – any person whether Filipino citizen or a
and failed to make the necessary report to the government foreigner, a private individual or a public officer. (next
within the earliest possible time. What is required is to higher penalty for public officer/employee.
report it as soon as possible. The criminal liability arises if
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
4 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Espionage 2 - by disclosing to the representative of a SEC 6 – Harboring or concealing violators of the law.
foreign nation the contents of the articles, data, or
information referred to in paragraph 1 of Article 117, which
he had in his possession by reason of the public office ESPIONAGE VS TREASON
holds.
Espionage is a crime not Treason is committed only
Elements: conditioned by the in times of war, while
citizenship of the offender. espionage may be
 That the offender is a public officer
This is also true as regards committed both in time of
to Treason, in view of the peace and in time of war.
 That he has in his possession the articles, data or
amendment of Art. 114 It is limited in two ways of
information referred to in par 1 of art 117, by
committing the crime:
reason of the public office he holds
levying war, and adhering
 That he discloses their contents to a to the enemy giving him
representative of a foreign nation aid or comfort while
Offender: must be public officer/official who has in his espionage may be
possession the ARTICLE, DATA, OR INFO by reason of the committed in many ways.
public office he holds.

To be liable for Espionage 1, the offender must have the II. CRIMES AGAINST LAWS ON NATION
intention to obtain info relative to the defense of the gov’t
ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR
Intention not important what is important is the purpose. REPRISALS

Purpose: to gather data

Espionage: the offense of gathering, transmitting, or losing Elements:


information respecting the national defense with the
intent or reason to believe that the information is to be  Offender performs unlawful or unauthorized acts;
used to the injury of the Philippines or the advantage of  The acts provoke or give occasion for –
any foreign nation. It is not conditioned on citizenship. a. a war involving or liable to
involve the Philippines; or
Not necessary that Philippines is at war with the country to b. exposure of Filipino citizens to
which the information was revealed. What is important is reprisals on their persons or
that the information related is connected with the defense property.
system of the Philippines. Crime is committed in time of peace, intent is immaterial
Wiretapping is NOT espionage if the purpose is not
something connected with the defense. Inciting to war – offender is any person

Other acts of espionage are punishable by CA 616. Reprisals is not limited to military action, it could be
economic reprisals, or denial of entry into their
CCOMMONWEALTH ACT 616
country. Example. X burns Chinese flag. If China bans the
An Act to Punish Espionage and other Offenses Against
National Security entry of Filipinos into China, that is already reprisal.

The raising, without sufficient authorization, of troops


SEC 1 - Unlawfully obtaining or permitting to be obtained within the Philippines for the service of a foreign nation
information affecting national defense. against another nation.

SEC 2 – Unlawful disclosing of information affecting


Public destruction of the flag or seal of a foreign state or
national defense.
the public manifestations of hostility to the head or
SEC 3 – Disloyal acts or words in time of peace. ambassador of another state.

SEC 4 – Disloyal acts or words in time of peace.


Intention of the accused is immaterial.
SEC 5 –Conspiracy to violate preceding sections.

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
5 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
The crime of inciting war or giving motives for reprisals is Correspondence – is communication by means of letters;
committed in time of peace. or it may refer to the letters which pass between those who
have friendly or business relations.
Penalty:
Private Individual: Prison Mayor Even if correspondence contain innocent matters, if the
Public Officer: Reclusion Temporal correspondence prohibited by the gov’t, it is punishable.

Circumstances qualifying the offense:


ART. 119 VIOLATION OF NEUTRALITY

a. notice or information might be useful to the enemy

Elements: b. offender intended to aid the enemy

 There is a war in which the Philippines is not Note: If the offender intended to aid the enemy by giving
involved;
such notice or information, the crime amounts to treason;
 There is a regulation issued by a competent
hence the penalty is the same as that for treason.
authority to enforce neutrality;
 Offender violates the regulation.
Hostile country exist only during hostilities or after the
Neutrality – A nation or power which takes no part in the declaration of war
contest of arms going on between others is referred as
neutral. Correspondence to enemy country – correspondence to
officials of enemy country – even if related to you.
There must be a regulation issued by competent authority
for the enforcement of neutrality. It is the violation of such
It is not correspondence with private individual in enemy
regulation which constitutes the crime.
country
Congress has the right to declare neutrality.
If ciphers were used, no need for prohibition
When we say national security, it should be interpreted as
including rebellion, sedition and subversion. The Revised If ciphers were not used, there is a need for prohibition
Penal Code does not treat rebellion, sedition and
subversion as crimes against national security, but more of In any case, it must be correspondence with the enemy
crimes against public order because during the time that country
the Penal Code was enacted, rebellion was carried out only
with bolos and spears; hence, national security was not Doesn’t matter if correspondence contains innocent
really threatened. Now, the threat of rebellion or internal matters – if prohibited, punishable
wars is serious as a national threat.

ART. 120 CORRESPONDENCE WITH HOSTILE COUNTRY


ART. 121 FLIGHT TO ENEMY'S COUNTRY

Elements:
Elements:
 It is in time of war in which the Philippines is
involved;  There is a war in which the Philippines is involved;
 Offender makes correspondence with an enemy  Offender must be owing allegiance to the
country or territory occupied by enemy troops; government;
 The correspondence is either –  Offender attempts to flee or go to enemy country;
a. prohibited by the government;  Going to the enemy country is prohibited by
b. carried on in ciphers or conventional competent authority.
signs; or
c. containing notice or information which Mere attempt consummates the crime
might be useful to the enemy.

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
6 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
There must be a prohibition. If none, even if went to enemy  There is intent to gain.
country – no violation

Alien resident may be guilty here – An alien resident in the Originally, the crimes of piracy and mutiny can only be
country can be held liable under this article. The law does committed in the high seas, that is, outside Philippine
not say “not being a foreigner”. Hence, the allegiance territorial waters. But in August 1974, Presidential Decree
contemplated in this article is either natural or temporary No. 532 (The Anti-Piracy and Anti-Highway Robbery Law
allegiance. of 1974) was issued, punishing piracy, but not mutiny, in
“When prohibited by competent authority” Philippine territorial waters. Thus came about two kinds of
Article 121 must be implemented by the gov’t. If fleeing or piracy: (1) that which is punished under the Revised Penal
going to an enemy country is not prohibited by competent Code if committed in the high seas; and (2) that which is
authority, the crime defined in Art . 121 cannot be punished under Presidential Decree No. 532 if committed
committed. in Philippine territorial waters.

Amending Article 122, Republic Act No. 7659 included


In crimes against the law of nations, the
therein piracy in Philippine waters, thus, pro tanto
offenders can be prosecuted anywhere in the world
superseding Presidential Decree No. 532. As amended,
because these crimes are considered as against
the article now punishes piracy, as well as mutiny, whether
humanity in general, like piracy and mutiny. Crimes committed in the high seas or in Philippine territorial
against national security can be tried only in the waters, and the penalty has been increased to reclusion
Philippines, as there is a need to bring the offender perpetua from reclusion temporal.
here before he can be made to suffer the
But while under Presidential Decree No. 532, piracy in
consequences of the law. The acts against national
Philippine waters could be committed by any person,
security may be committed abroad and still be including a passenger or member of the complement of a
punishable under our law, but it cannot be tried vessel, under the amended article, piracy can only be
under foreign law. committed by a person who is not a passenger nor
member of the complement of the vessel irrespective of
venue. So if a passenger or complement of the vessel
ART. 122 PIRACY IN GENERAL AND MUTINY ON THE commits acts of robbery in the high seas, the crime is
HIGH SEAS OR IN PHILIPPINE WATERS robbery, not piracy.

Note, however, that in Section 4 of Presidential Decree No.


PIRACY IN GENERAL 532, the act of aiding pirates or abetting piracy is penalized
as a crime distinct from piracy. Said section penalizes any
Attacking or seizing a vessel on the high seas or in
person who knowingly and in any manner aids or protects
Philippine waters;
pirates, such as giving them information about the
Seizing in the vessel while on the high seas or in Philippine movement of the police or other peace officers of the
waters the whole or part of its cargo, its equipment or government, or acquires or receives property taken by
personal belongings of its complement or passengers. such pirates, or in any manner derives any benefit
therefrom; or who directly or indirectly abets the
Elements:
commission of piracy. Also, it is expressly provided in the
 The vessel is on the high seas or Philippine waters; same section that the offender shall be considered as an
accomplice of the principal offenders and punished in
 Offenders are neither members of its complement accordance with the Revised Penal Code. This provision of
nor passengers of the vessel;
Presidential Decree No. 532 with respect to piracy in
 Offenders either –
Philippine water has not been incorporated in the Revised
a. attack or seize a vessel on the high
Penal Code. Neither may it be considered repealed by
seas or in Philippine waters; or
Republic Act No. 7659 since there is nothing in the
b. seize in the vessel while on the
amendatory law is inconsistent with said section.
high seas or in Philippine waters
Apparently, there is still the crime of abetting piracy in
the whole or part of its cargo, its
Philippine waters under Presidential Decree No. 532.
equipment or personal belongings
of its complement or passengers;
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
7 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Considering that the essence of piracy is one of robbery, HIGH SEAS: any waters on the sea coast which are without
any taking in a vessel with force upon things or with the boundaries of the low water mark although such
violence or intimidation against person is employed will waters may be in the jurisdictional limits of a foreign gov’t
always be piracy. It cannot co-exist with the crime of
PD 532 has been already repealed
robbery. Robbery, therefore, cannot be committed on
board a vessel. But if the taking is without violence or Piracy in high seas – jurisdiction is with any court where
intimidation on persons of force upon things, the crime of offenders are found or arrested
piracy cannot be committed, but only theft.
Piracy in internal waters – jurisdiction is only with
Could theft be committed on board a vessel? Philippine courts

Yes. The essence of piracy is one of robbery. For purpose of Anti-Fencing Law, piracy is part of robbery
and theft
MUTINY
PIRACY and MUTINY, when considered as TERRORISM
Elements:
Under, RA 9372 otherwise known as the Human Security
 The vessel is on the high seas or Philippine waters;
Act of 2007, a person who commits an act punishable as
 Offenders are either members of its complement,
piracy and mutiny under Art 122 of the RPC thereby
or passengers of the vessel
sowing and creating a condition of widespread and
 Offenders either – extraordinary fear and panic among populace, in order to
a. attack or seize the vessel; or coerce the gov’t to give in to an unlawful demand shall be
guilty of the crime of TERRORISM, and shall be punished
b. seize the whole or part of the cargo, its
the penalty of 40 years imprisonment, without benefit of
equipment, or personal belongings of the crew
parole.
or passengers.

Mutiny is the unlawful resistance to a superior officer, or


the raising of commotions and disturbances aboard a ship ART. 123 QUALIFIED PIRACY
against the authority of its commander.

Distinction between mutiny and piracy


Elements:
PIRACY - Robbery or forcible degradation on the high seas,
without lawful authority and done with animo furandi and  The vessel is on the high seas or Philippine waters
in the spirit and intention of universal hostility. (Pp v Lol-
lo and Sarao)  Offenders may or may not be members of its
complement, or passengers of the vessel;
MUTINY - Unlawful resistance to a superior officer, or the  Offenders either –
raising of commotion and disturbances on board a ship a. attack or seize the vessel; or
against the authority of its commander b. seize the whole or part of the cargo, its
equipment., or personal belongings of the
(1) As to offenders
crew or passengers;
Mutiny is committed by members of the complement or  The preceding were committed under any of the
the passengers of the vessel. Attack from inside. following circumstances:
a. whenever they have seized a vessel by
Piracy is committed by persons who are not members of boarding or firing upon the same;
the complement or the passengers of the vessel. Attack b. whenever the pirates have abandoned
from outside. their victims without means of saving
(2) As to criminal intent themselves; or
c. whenever the crime is accompanied by
In mutiny, there is no criminal intent. murder, homicide, physical
injuries or rape
In piracy, the criminal intent is for gain.

“Upon those who commit any of the crimes referred to in


the preceding Article”

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
8 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
The word “Crimes” in the quoted phrase in the opening If any of the circumstances in Article123 is present, piracy
sentence of Article 123, refers to piracy and mutiny on the is qualified. Take note of the specific crimes involve in
high seas. number 4 c (murder, homicide, physical injuries or rape).
When any of these crimes accompany piracy, there is no
Before Article 122 was amended by RA 7659, only piracy complex crime. Instead, there is only one crime committed
and mutiny on high seas were covered by the RPC . The – qualified piracy. Murder, rape, homicide, physical injuries
commission of the acts described in Art 122 and/or 123 in are mere circumstances qualifying piracy and cannot be
the Philippines waters was punished was punished as punished as separate crimes, nor can they be complexed
piracy under PD 532. with piracy.

PD 532 covers any person while Article 122 as amended Although in Article 123 merely refers to qualified
covers only persons who are not passengers or members piracy, there is also the crime of qualified mutiny.
of its complement. Mutiny is qualified under the following
circumstances:
Art 122 before amendment: Piracy must be committed on
HIGH SEAS by ANY PERSON NOT A PASSENGER/MEMBER (1) When the offenders abandoned the
of its complement. victims without means of saving themselves; or
RA 7659: “In the Philippine waters”
PD 532: “any person including a passenger or member of (2) When the mutiny is accompanied by rape,
the complement of said vessel in the Philippine waters” murder, homicide, or physical injuries.

Qualified Piracy is special complex crime punishable by RP Note that the first circumstance which qualifies piracy does
to DEATH, regardless of the number of victim. not apply to mutiny.

Philippine Waters – It shall refer to all bodies of water , such RA 6235 THE ANTI HI-JACKING LAW
as but not limited to, seas, gulfs, bays around and
connecting each of the island of the Philippine
Archipelago. Anti hi-jacking is another kind of piracy which is
Vessel – Any vessel of watercraft used for transport of committed in an aircraft. In other countries, this crime is
passengers and cargo from one place to another through known as aircraft piracy.
Philippine Waters. It shall include all kinds and types of 4 situations governed by anti hi-jacking law:
vessels or boats used in fishing.
(1) usurping or seizing control of an aircraft of
Any person who aids or protects pirates or abets the Philippine registry while it is in flight, compelling
commission of piracy shall be considered as an the pilots thereof to change the course or
accomplice. destination of the aircraft;
(2) usurping or seizing control of an aircraft of
Parricide/infanticide should be included (Judge Pimentel) foreign registry while within Philippine territory,
compelling the pilots thereof to land in any part of
Note the new rape law. Death is imposed in certain types Philippine territory;
of rape
(3) carrying or loading on board an aircraft
There is a conflict between this provision and the provision operating as a public utility passenger aircraft in
on rape. Ex. If rape is committed on someone below 7 – the Philippines, any flammable, corrosive,
death under the new rape law. But if rape committed on explosive, or poisonous substance; and
someone below 7 during the time of piracy – RP to death.
Irreconcilable. (4) Loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in the
Murder/rape/homicide/physical injuries must have been Philippines, any flammable, corrosive, explosive, or
committed on the passengers or complement poisonous substance if this was done not in
accordance with the rules and regulations set and

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
9 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
promulgated by the Air Transportation Office on 3. Delaying release (Art 126)
this matter. 4. Expulsion (Art 127)
5. Violation of Domicile (Art 128)
6. Search warrants maliciously obtained and abuse in
Between numbers 1 and 2, the point of distinction is the service of those legally obtained. (Art 129)
whether the aircraft is of Philippine registry or foreign 7. Searching domicile without witnesses (Art 130)
registry. The common bar question on this law usually 8. Prohibition, interruption and dissolution of
involves number 1. The important thing is that before the peaceful meetings (Art 131)
anti hi-jacking law can apply, the aircraft must be in flight. 9. Interruption of religious worship (Art 132)
If not in flight, whatever crimes committed shall be 10. Offending the religious feelings (Art 133)
governed by the Revised Penal Code. The law makes a
Crimes under this title are those which violate the Bill of
distinction between aircraft of a foreign registry and of
Rights accorded to the citizens under the Constitution.
Philippine registry. If the aircraft subject of the hi-jack is
Under this title, the offenders are public officers, except as
of Philippine registry, it should be in flight at the time of
to the last crime – offending the religious feelings under
the hi-jacking. Otherwise, the anti hi-jacking law will not
Article 133, which refers to any person. The public officers
apply and the crime is still punished under the Revised
who may be held liable are only those acting under
Penal Code. The correlative crime may be one of grave
supposed exercise of official functions, albeit illegally.
coercion or grave threat. If somebody is killed, the crime
is homicide or murder, as the case may be. If there are In its counterpart in Title IX (Crimes Against Personal
some explosives carried there, the crime is destructive Liberty and Security), the offenders are private persons.
arson. Explosives are by nature pyro-techniques. But private persons may also be liable under this title as
Destruction of property with the use of pyro-technique is when a private person conspires with a public officer.
destructive arson. If there is illegally possessed or carried What is required is that the principal offender must be a
firearm, other special laws will apply. public officer. Thus, if a private person conspires with a
public officer, or becomes an accessory or accomplice, the
On the other hand, if the aircraft is of foreign registry, the private person also becomes liable for the same crime. But
law does not require that it be in flight before the anti hi- a private person acting alone cannot commit the crimes
jacking law can apply. This is because aircrafts of foreign under Article 124 to 132 of this title.
registry are considered in transit while they are in foreign
countries. Although they may have been in a foreign Classes of Arbitrary Detention:
country, technically they are still in flight, because they  By detaining a person without legal ground
have to move out of that foreign country. So even if any  Delay in the delivery of detained persons to the
of the acts mentioned were committed while the exterior proper judicial authorities
doors of the foreign aircraft were still open, the anti hi-  Delaying release
jacking law will already govern.
ART. 124 ARBITRARY DETENTION
Note that under this law, an aircraft is considered in flight
from the moment all exterior doors are closed following
embarkation until such time when the same doors are Elements:
again opened for disembarkation. This means that there
are passengers that boarded. So if the doors are closed to  That the offender is a public officer or employee
bring the aircraft to the hangar, the aircraft is not (whose official duties include the authority to make
considered as in flight. The aircraft shall be deemed to be an arrest and detain persons; jurisdiction to
already in flight even if its engine has not yet been started. maintain peace and order).
 That he detains a person (actual restraint).
TITLE TWO  That the detention was without legal grounds
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE (cannot be committed if with warrant).
STATE ABSENCE OF LEGAL GROUNDS
I
1. Arbitrary detention ( Art. 124) 1. No crime was committed by the detained;
2. Delay in the delivery of detained persons to the
2. There is no violent insanity of the detained person; and
proper judicial authorities. (Art 125)

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
10 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
3. The person detained has no ailment which requires 2. Hot Pursuit – When an offense has in fact just been
compulsory confinement in a hospital. committed, and he has probable cause to believe
based on personal knowledge of facts and
DETENTION: when a person is placed in confinement or
circumstances that the person to be arrested has
there is a restraint on his person.
committed it.
The crime of arbitrary detention assumes several forms: 3. Escapee – When the person to be arrested is a
prisoner who has escaped from a penal
(1)Detaining a person without legal grounds under; establishment, or place where he is serving his
(2)Having arrested the offended party for legal grounds sentence.
but without warrant of arrest, and the public officer does 4. If a person lawfully arrested escapes or is rescued,
not deliver the arrested person to the proper judicial any person may immediately pursue or retake him
authority within the period of 12, 18, or 36 hours, as the without a warrant at any time and in place within
case may be; or the Philippines.
5. For the purpose of surrendering the accused, the
(3)Delaying release by competent authority with the same bondsmen may arrest him or, upon written
period mentioned in number 2. authority.
Detention need not involve any physical restraint. 6. Accused released on bail may be re-arrested
Psychological restraint is sufficient. If the acts and without the necessity of a warrant if he attempts
to depart from the Philippines without permission
actuations of the accused can produce such fear in the
mind of the victim sufficient to paralyze the latter, to the of the court where the case is pending.
extent that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the Periods of Detention Penalized
accused, then the victim is, for all intents and purposes,
detained against his will. (Pp v Astorga) 1. If the detention has not exceed three (3) days:
2. If the detention has continued more than three (3)
Legal Grounds for detention of Persons days but not more than fifteen (15) days
1. The Commission of a crime 3. If the detention has continued more than fifteen
2. Violent insanity 15 days but not more than 6 months
3. Any other ailment requiring compulsory 4. If the detention has exceeded six 6 months. A
confinement of the patient in a hospital greater penalty is imposed if the period is longer.

Note: This list is not exclusive so long as the ground is Note: Art 124 does not fix the minimum period of
considered legal. (e.g. in contempt of court, under detention. The arbitrary detention may last for less than
quarantine, or a foreigner to be deported). half an hour (US v Braganza)

Public officer or Employee must have the authority Though the elements specify that the offender be a public
officer or employee, private individuals who conspire with
Must be vested with authority to detain or order the public officers can also be liable.
detention of persons accused of a crime such public
officers are the policemen and other agents of the law, the Legal grounds for the detention of any person:
judges or mayors and barangay captain. (Milo vs Salanga) Without legal grounds:
Arbitrary detention can be, and generally is, committed Know grounds for warrantless arrest:
through arrest without a warrant (Pp v Batalones) The
crime of unlawful arrest is absorbed by the crime of For escaped prisoner – no need for warrant
arbitrary detention. Rolito Go v. CA is an example of arbitrary detention (Judge
LAWFUL ARREST WITHOUT WARRANT Pimentel)

1. In flagrante delicto – When is his presence, the Example: Y was killed by unknown assailant. Officers got a
person to be arrested actually committed, is tip and arrested X. X voluntarily admitted to the officers
actually committing, or is attempting to commit that he did it although he was not asked. X was detained
an offense. immediately. According to the SC, there was NO arbitrary
detention. Why? Because once X made a confession, the
officers had a right to arrest him.
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
11 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Continuing crime is different from a continuous crime 1. A janitor at the Quezon City Hall was assigned in
cleaning the men’s room. One day, he noticed a fellow
Ramos v. Enrile: Rebels later on retire. According to the SC,
urinating so carelessly that instead of urinating at the bowl,
once you have committed rebellion and have not been
he was actually urinating partly on the floor. The janitor
punished or amnestied, then the rebels continue to
resented this. He stepped out of the men’s room and
engage in rebellion, unless the rebels renounce his
locked the same. He left. The fellow was able to come out
affiliation. Arrest can be made without a warrant because
only after several hours when people from the outside
this is a continuing crime.
forcibly opened the door. Is the janitor liable for arbitrary
commission of a crime detention?

violent insanity or other ailment requiring compulsory No. Even if he is a public officer, he is not permitted by his
confinement of the patient in a hospital official function to arrest and detain persons. Therefore,
he is guilty only of illegal detention. While the offender is
he has not committed any crime or no reasonable ground a public officer, his duty does not include the authority to
of suspicion that he has committed a crime make arrest; hence, the crime committed is illegal
not suffering from violent insanity or any other ailment detention.
requiring compulsory confinement in a hospital 2.A municipal treasurer has been courting his secretary.
Crime is about to be, is being, has been committed However, the latter always turned him down. Thereafter,
she tried to avoid him. One afternoon, the municipal
Officer must have reasonable knowledge that the person treasurer locked the secretary inside their office until she
probably committed the crime started crying. The treasurer opened the door and allowed
her to go home. What crime was committed?
ARBITRARY DETENTION ILLEGAL DETENTION
The principal offender The principal offender is a Illegal detention. This is because the municipal treasurer
must be a public officer. private person. But a has no authority to detain a person although he is a public
Civilians can commit the public officer can commit
officer.
crime of arbitrary the crime of illegal
detention except when detention when he is In a case decided by the Supreme Court a Barangay
they conspire with a public acting in a private capacity Chairman who unlawfully detains another was held to be
officer committing this or beyond the scope of his guilty of the crime of arbitrary detention. This is because
crime, or become an official duty, or when he he is a person in authority vested with the jurisdiction to
accomplice or accessory to becomes an accomplice or
maintain peace and order within his barangay. In the
the crime committed by accessory to the crime
maintenance of such peace and order, he may cause the
the public officer; and committed by a private
arrest and detention of troublemakers or those who
person.
disturb the peace and order within his barangay. But if the
The offender who is a The offender, even if he is
public officer has a duty a public officer, does not legal basis for the apprehension and detention does not
which carries with it the include as his function the exist, then the detention becomes arbitrary.
authority to detain a power to arrest and detain
Whether the crime is arbitrary detention or illegal
person. a person, unless he
detention, it is necessary that there must be an actual
conspires with a public
restraint of liberty of the offended party. If there is no
officer committing
arbitrary detention. actual restraint, as the offended party may still go to the
Note: that in the crime of arbitrary detention, although the place where he wants to go, even though there have been
offender is a public officer, not any public officer can warnings, the crime of arbitrary detention or illegal
commit this crime. Only those public officers whose official detention is not committed. There is either grave or light
duties carry with it the authority to make an arrest and threat.
detain persons can be guilty of this crime. So, if the However, if the victim is under guard in his movement such
offender does not possess such authority, the crime that there is still restraint of liberty, then the crime of either
committed by him is illegal detention. A public officer who arbitrary or illegal detention is still committed.
is acting outside the scope of his official duties is no better
than a private citizen. The offended party was brought to a place which he could
not leave because he does not know where he is, although

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
12 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
free to move about. Was arbitrary or illegal detention ART. 125 DELAY IN THE DELIVERY OF DETAINED
committed? PERSONS

Ans:Either arbitrary detention or illegal detention was


committed. If a person is brought to a safe house, Elements:
blindfolded, even if he is free to move as he pleases, but if
 That the offender is a public officer or employee
he cannot leave the place, arbitrary detention or illegal
 That he has detained a person for some legal
detention is committed.
grounds
ARBITRARY DETENTION UNLAWFUL ARREST  That he fails to deliver such person to the proper
As to the offender: In unlawful arrest, the judicial authority within:
In arbitrary detention, the offender may be any o 12 hours, if detained for crimes/offenses
offender is a public officer person. punishable by light penalties, or their
possessed with authority equivalent
to make arrests. o 18 hours, for crimes/offenses punishable
As to criminal intent: In unlawful arrest, the by correctional penalties, or their
In arbitrary detention, the purpose is to accuse the equivalent or
main reason for detaining offended party of a crime
o 36 hours, for crimes/offenses punishable
the offended party is to he did not commit, to
by capital punishment or afflictive
deny him of his liberty. deliver the person to the
penalties, or their equivalent
proper authority, and to
file the necessary charges This article includes Sundays, Holidays and election days in
in a way trying to the computation of the periods prescribed within which
incriminate him.
public officers should deliver the arrested persons to the
proper judicial authorities as the law never makes an
Note: When a person is unlawfully arrested, his subsequent
exception (Soria v Desierto).
detention is without legal grounds.
The provisions of Art. 125 of the RPC, to the contrary
A had been collecting tong from drivers. B, a driver, did
notwithstanding, any police or law enforcement personnel,
not want to contribute to the tong. One day, B was
who, having been duly authorized in writing by the Anti-
apprehended by A, telling him that he was driving
Terrorism Council has taken custody of a person charge
carelessly. Reckless driving carries with it a penalty of
with or suspected of the crime of terrorism or the crime
immediate detention and arrest. B was brought to the
conspiracy to commit terrorism shall be deliver said
Traffic Bureau and was detained there until the evening.
charges or suspected person to the proper judicial
When A returned, he opened the cell and told B to go
authorities within the period of 3 days counted from the
home. Was there a crime of arbitrary detention or unlawful
moment the said charged or suspected person has been
arrest?
apprehended or arrested, detained and taken into custody
ANSWER by the said police, or law enforcement personnel. ( RA 9372
Sec 18)
Arbitrary detention. The arrest of B was only incidental to
the criminal intent of the offender to detain him. But if In the event of an actual or imminent terrorist attack
after putting B inside the cell, he was turned over to the suspects may not be detained for more than three 3 days
investigating officer who booked him and filed a charge of without the written approval of a municipal, city, provincial
reckless imprudence against him, then the crime would be or regional official of a Human Rights Commission or
unlawful arrest. The detention of the driver is incidental to judge or Judge of MTC , RTC and Sandiganbayan or a
the supposed crime he did not commit. But if there is no justice of the Court of Appeals nearest the place of the
supposed crime at all because the driver was not charged arrest. (RA 9372 Sec 19).
at all, he was not given place under booking sheet or
Circumstances considered in determining liability of officer
report arrest, then that means that the only purpose of the
detaining a person beyond legal period:
offender is to stop him from driving his jeepney because
he refused to contribute to the tong. 1. The means of communication
2. The hour of arrest; and
3. Other circumstances such as
a. The time of surrender;

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
13 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
b. The material possibility for the fiscal to
make the investigation and file in time the
necessary information: and
c. The gov’t office hours (Sayo v. Chief of the
Police of Manila)

Delivery to Proper Authorities

It does not consist in a physical delivery but in making an


accusation or charge or filing of an information against the
person arrested with the corresponding court or judge.

Really means delay in filing necessary information or


charging of person detained in court. May be waived if a
preliminary investigation is asked for.

Does not contemplate actual physical delivery but at least


there must be a complaint filed. Duty complied with upon
the filing of the complaint with the judicial authority
(courts, prosecutors – though technically not a judicial
authority, for purposes of this article, he’s considered as
one.)

The filing of the information in court does not cure


illegality of detention. Neither does it affect the legality of
the confinement under process issued by the court.

To escape from this, officers usually ask accused to execute


a waiver which should be under oath and with assistance
of counsel. Such waiver is not violative of the accused
constitutional right.

What is length of waiver? Light offense – 5 days. Serious


and less serious offenses – 7 to 10 days. (Judge Pimentel)

Article does not apply when arrest is via a warrant of arrest

If offender is a private person, crime is illegal detention

JOFIL JAMES ABRENILLO


Licensed Customs Broker
ABRENILLO NOTES
14 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016

JOFIL JAMES ABRENILLO


Licensed Customs Broker

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