Академический Документы
Профессиональный Документы
Культура Документы
TITLE ONE
CHAPTER ONE
l
2 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Elements:
1. The offender is a Filipino or a resident alien;
2. There is war in which the Philippines is involved;
3. The offender either:
a) Levies war against the government;.or
b) Adheres to the enemies, giving them aid or comfort.
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 3
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
P erso ns liable:
A n sw er:
No, a form al declaration o f war is not needed before trea
son can be com m itted. It is not an elem ent o f the offense. W hen
arm ed hostilities have begun there is no need that the exis
tence o f w ar be declared. Example: During W orld W ar II, while
the E m peror o f Japan was talking with the President o f the
U nited States o f Am erica, Japan treacherously bom bed Pearl
H arbor. The bom bing o f Pearl Harbor signaled the beginning
o f w ar betw een Japan and the United States. There w as no
n eed that the existence o f war betw een Japan and the U nited
States be declared by either o f them. W hen a Filipino citizen or
a resident alien com m its any o f the acts o f com m itting treason
in the course o f such armed hostilities, he is liable for treason.
P roblem s:
1. Malaysia invaded the Philippines. X is a Filipino cit
izen who has became sick and tired of the Philippine Govern
ment. He publicly manifested that he is in favor of the military
aggression of Malaysia and he is supporting it. X is n o t liable
fo r T reason . Mere adherence to the enemies without giving
aid or comfort does not amount to Treason. ,■
2. In the same problem, M alaysian troops went to the
house of X. They compelled X under pain o f death if he does
not give them food, shelter and clothing. X was constrained to
serve them. In this case, although X gave the enemies aid or
comfort, he did not adhere to the enemies. Giving aid or com
fort to the enemies without adherence is not punishable. X is
not liable for Treason.
other ” The sam e thing obtains in adherence and giving aid or com
fort. B oth m ust always go together. Absent one element and there is
no treason.
t Illustration:
L North Korea invaded the Philippines. X is a Filipino citi
zen. X publicly declared that he is embracing the cause o f North
Korea and is supporting it. He gave material and financial sup
port to the North Koreans. After the war, X was prosecuted for
Treason. One witness was presented to prove his public decla-
c ration showing his adherence to the enemies. Two witnesses
were presented to prove his act of giving aid or comfort to the
enemies. If you were the judge trying the case, will you convict
or acquit X? Why?
6 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Answer:
If I were the judge, I will convict X. The act of adherence
need not be proved by the testimony of two witnesses. One wit
ness will suffice. The act of giving aid or comfort must always
be proven by the testimony of two witnesses. This obtains in
the instant case. The prosecution presented two witnesses who
testified on the act of giving aid or comfort.
Problems:
1. Sin Tong is a Chinese citizen who had resided in
Sta. Maria, Pangasinan for 30 years. When China declared
war against the Philippines, Sin Tong and his many Chinese
friends attacked a military detachment manned by the Philip
pine Army and killed 15 soldiers. Did Sin Tong commit Trea
son? Why?
Answer:
Yes, Sin Tong committed Treason because he is a resident
alien. Being a resident alien, he owes temporary allegiance to
the Philippine government. Considering that the Philippines
is at war with China, by levying war against Filipino soldiers
he breached the temporary allegiance he owes. This is treason.
That is the law.
2. Sin Tong argues that he is not liable for Treason be
cause he is a Chinese citizen fighting for his country and natu-
rally, he became an enemy of the Philippines. Will your answer
be the same? Why?
. Answer: - gj. '•.c
Yes, my answer will be the same. By becoming an enemy
of the Philippines, he did not lose his temporary allegiance to
the country because just the same, he continues to reside in the
Philippines. The fact remains that all the elements of the crime
are present. Hence, Treason is committed.
3. After the war, X was charged with Treason. Witness
A testified that on June 5, 1944 he saw X in the company of
Japanese soldiers execute 20 Filipino soldiers. Another wit
ness, B, testified that he saw X in the company o f the same
Japanese soldiers execute 40 Filipino soldiers on July 4,1944.
I f you were the judge, will you acquit or convict? Why?
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 7
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
Answer:
If I were the judge, I will acquit. There are two acts of
treason committed by the accused. One was committed on June
5, 1944 and the other on July 4, 1944. The prosecution pre
sented only one witness in each separate act of Treason. The
law provides that if the acts of Treason are separable, two wit
nesses must testify to prove each separate act. The Severely
Restrictive Rule was not complied with.
Note:
Treason is a jcon tin u in g crim e. Even if the offender
> commits several acts of Treason he can only be charged with
one count of Treason) All such acts constitute a single offense.
Query:
Can treason be complexed with common crimes?
Example: Can there be Treason with Homicide or Trea
son with Arson?
Answer:
Treason cannot be complexed with common^rimes. Trea-
son is an [irmhToT1a"crim(^or_a component crimeJunder which-
com mnTi ^ mps mnirnTtfegnpiTthe occasion or in furtherance
thereof are deemed absorbed.
The offender can be charged with Treason only. (People
v. Hernandez, 99 Phil. 515; Enrile v. Judge Salazar, et al., 168
SCRA 217) This was the ruling of the Supreme Court when it
said that common crimes committed on the occasion or in fur
therance of rebellion are only component elements of the crime
of rebellion. Thus, there is no complex crime of Rebellion with
tHomicide and the like. Along the same vein, this ruling can be
applied to treason.
E xam p le:
A, B, and C agreed and decided to kill a town mayor in
side a restaurant. X, a waiter, overheard their conversation. X
slipped through the back door of the restaurant and proceeded
to the police station where he reported the plan to kill the town
mayor. A team of policemen went to the restaurant and ar
rested A, B, and C who were about to leave the establishment.
A, B, and C were charged with Conspiracy to Commit Murder.
Will the charge prosper?
A n sw er:
No, the charge will not prosper. There is n o such crime
as C o n s p ir a c y to C om m it M u rd e r under the Revised Penal
Code. There is no law punishing that conspiracy.
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY q
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
Elements:
A n sw er:
Yes, Guerrero is liable for Proposal to Commit Treason.
By his acts and pronouncements it is very clear that Guerrero
had d e cid e d to commit treason. He is liable for P ro p o sa l to
C om m it T reason because in time of war in which the Philip
pines is involved, he had decided to wage war against the gov
ernment of the Philippines and proposed its execution to some
other persons.
P rob lem :
Japan invaded the Philippines. Armed hostilities have
begun. Guerrero is a Filipino citizen. He wanted to adhere to
the Japanese soldiers and give them aid or comfort but he was
afraid to do so. He went to A, B, C, D and E, all Filipino citizens
and proposed to them to adhere to the enemies by providing
them with food and other provisions and to give them infor
mation about the movement o f Philippine troops. Is Guerrero
liable for proposal to commit treason?
A n sw er:
Q uay:
A n sw er:
Yes, becaueewhat-the law_punishes isthe mere proposal
to commit treason by one who is decided to commit it^The.ac^,
ceptance of the proposal is not necessary.
N otes:
1. In Proposal to Commit Treason or Conspiracy to
Commit Treason, any person may comm it the crime. The of
fender need not be a person who owes allegiance to the Philip
pine government or a resident alien. Article 115 o f the Revised
Penal Code does not so require.
Elements:
1. Offender must owe allegiance to the Government o f the Philip
pines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason against
the said government; and
4. He conceals or fails to disclose the same to the governor or fis
cal of the province or to the mayor or fiscal of the city in which
he resides as soon as possible.
Misprision of treason is a felony by omission. It is com
mitted by the failure to do an act required by law. However, it is
committed by means of dolo or intent. Note the words “he conceals
or does not disclose and make known his knowledge” xxx as
soon as possible.
N otes:
Espionage in the first mode is consummated by entering
any of the enumerated establishment as long as the purpose of
the offender is to obtain any of those materials which are vital
to the defense of the Philippines. The offender does not have to
actually obtain any such materials. What is required is that he
enters any of the establishments mentioned without authority
for the purpose of getting hold of any such materials. Mere en^
jgrrngr w illh r in g a consummated espionage.
Acts punished:
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;
18 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Elements:
1. The offender is a public officer or employee;
2. He performs acts which provoke or give occasion for:
a) A war involving or liable to involve the Philippines; or
b) Exposure of Filipino citizens to reprisals on their persons
or property.
Notes:
There was a time when the Philippine government hotly
pursued its claim over Sabah. The government anchored its
claim on the ground that the Sultan of Borneo ceded Sabah in
favor of the Philippines. This was the reason why under the
National Territory provision of the 1973 Constitution there
was a phrase “and all the other territories belonging to the
Philippines by historic right or legal title” — x x x in delineat
ing the national territory of the Philippines. The rationale was
that if the Philippines shall have finally annexed Sabah as part
of its territory there was no more need to amend the constitu
tion because Sabah is deemed included in the national terri-
tory of the Philippines by virtue of the said phrase.
A covert military operation was hatched. A special com
mando was trained to infiltrate and attack Sabah for the pur
pose of annexing it as part of Philippine territory. However
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY ia
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities,have issued regulations enforcing neu
trality; and
3. The offender violates any of said regulations.
N otes:
(The offerideru^uldJDe-anv^pjersxmllt is committed during
a war in which the Philippines is not involved. To commit the
crime, there must be a regulation for the observance of neutral
ity. The motivating rationale here is that the Philippines does
not have any intention to side with or be against any of the
warring countries. It does not want to incur the ire of any of
them by the act of any person under its jurisdiction. The regu-
* lations imposed by the authorities are meant to be followed
or observed. It is the violation of such regulation that brings
about the crime.
20 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Illustration:
Japan and China are at war. China invaded Japan. The
Philippine government did not want to embroil itself in the
war. The President of the Philippines upon due consultation
with the House of Senate and House of Representatives adopt
ed a policy of neutrality and disseminated the regulations for
its enforcement. X, a Filipino businessman, violated the regu
lations enforcing neutrality by giving financial and material
aid to China. X is liable for V iolation o f N eutrality.
Elements:
1. There is a war in which the Philippines is in v olv ed ;
2. The offender makes correspondence with an enemy country or
territory occupied by enemy troops;
3. 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.
Illustrations:
1. Japan and the Philippines are at war. The Philip
pine government prohibited all forms of communications with
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 01
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
Answ er:
Yes, X is still liable. Correspondence in any form is pro
hibited by the Philippine government.
3. Japan invaded the Philippines. Bataan had fallen in
the hands of the Japanese soldiers. The Philippine government
prohibited communication or correspondence with any person
in Bataan. X writes to Y who is in Bataan. Is X liable for Cor
respondence with a hostile country? Why? ,
Answ er: , ;
Yes, X is liable for C orrespondence with a H ostile
Country because he had correspondence with Bataan, a terri
tory occupied by enemy troops in time of war. The implication
is that when a person communicates with another in an enemy
country or territory occupied by the enemy, information useful
to the enemy might be passed or transmitted.
Elements: Sj \
1. Existence of war in which the Philippines is in volved ;
2. Offender owes allegiance to the Philippines;
3. He attem pts to flee or go to an enemy country; and
4. The flight is prohibited by a competent authority.
OlllMlNAh hAW
nook n OKTIlM nmvinmm HNAlBOliM
N otts?
This crim e eon bo^flOinmltl/Od In Umo o f w ar in
w hich the Philippines In involved,\
The offender in this cose Is fi person who o won alJaglfl/k#
to the Philippines, A tourist onnnnt commit/ Mils (fyi/fM* i t fe
committed when o citizen oflUm Philippines o v n person owltig
allegiance to the Philippine government it tlei o p ts to go to fl/i
enemy country. This is aimed at; presenting the /light to on on*
emy country of a person who owes allegiance to the Philippine#
because of the possibility that ho might furnish the enemy vital
information that may ho useful to tho said enemy to the detrb
ment of the Philippines.
A nsw er:
Yes, X is liable for F ligh t to E n em y’ s C o u n try . He at
tempted to flee or go to the enemy country. This crime is con
summated by mere attempt.
ART. 122. Piracy in gen eral and m utiny on the high seas
o r in Philippine waters . — The penalty o f reclu sion tem poral
shall be inflicted upon any person, who on the high seas or in
Philippine waters, shall attack or seize a vessel or, not being
a member o f its complement nor a passenger, shall seize the
-TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 23
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
What is Piracy?
Piracy is robbery or fojrcible depredation on the high seas
without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility. (People v. Lol-lo, et al.,
supra)
Robbery is the taking of a personal property belonging to an
other with intent to gain by:
r—1. Intimidation against persons;
r / 2, Violence against persons;
/ L 3. Force upon things.
Piracylh considered as a crime against the whole world. It is
crime^against mankind. Along this line, pirates can be prosecuted
wherever they may go and wherever they are arrested.
The pirates violate not the law of a particular country but the
law of nations.
Three kinds of piracy:
1. Piracy in the high or open seas (RPC); )
2. Piracy in Philippine waters (PD 532 as amended by RA 7659,
the Heinous Crime Law);
3. Air piracy (RA 6235).
Notes:
Originally, piracy and mutiny can only be committed on
the high seas (outside o f Philippine waters).
A n sw er:
Turko and his men com m itted P ir a c y in t h e H ig h o r
O p e n S ea s. They seized the vessel and its cargo while the
vessel was at the high or open seas.
1. G ives pirates inform ation about the m ovem ent o f peace officers
o f the governm ent;
I I lust tuitions:
A nsw er:
X committed Abetting Piracy. He gave the Pirate Cap
tain John Long information about the movement of the Philip
pine Coast Guard. He alerted him in time to afford him time to
escape.
2. X received expensive jewelries from Graciano, the
"Pirate of the Caribbean.” X knew all along that the said jew
elries were the proceeds of piracy. Yet, he willingly accepted
them. What crime did X commit?
A nsw er:
X committed Abetting Piracy. He accepted or received
items from the pirates which he knew to be proceeds of piracy.
Note:JLack o f know ledge that the item came from p ira cy
vis a defense.
Elements of Mutiny:
1. The vessel is on the high seas or Philippine waters;
2. Offenders are members of the complement of the vessel or pas
sengers of the vessel;
3. The offenders:
a. Attack or seize the vessel;
b. Seize the whole or part of the cargo, its equipment or per
sonal belongings of the crew or passengers.
28 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
c-j
bers of the crew or passengers attacked the ship captain and
seized control of the vessel. What crime was committed? They
q(pg72V
committed the crime of Mutiny within Philippine waters.
Under RA 7659, Mutiny can now be committed in Philip
pine waters.
Q ualified M utiny
Article 123 merely refers to qu alified p ira cy . There is now a
crime of qualified m utiny. —^ . , ■ : ■ __ , } ..
U S ftA ftm s
30 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
N ote:
The first circumstance that qualifies Piracy does not ap
ply to Mutiny.
N ote:
Common crimes committed in the course of Mutiny can
not be complexed with Mutiny. Article 48 of the Revised Penal
Code is not applicable. There is no such crime as Mutiny
with Homicide, Mutiny with Murder, Mutiny with Rape
or Mutiny with Physical injuries. The proper denomina
tion of the crime is still Qualified Mutiny. ;
ssm M m u !
TITLE ONE — CHIMES AGAINST NATIONAL SECURITY 31
AND T11E LAW OF NATIONS
Chapter One — Crimea Aguinst National Security
P rob lem s:
1. The pilots of the Saudia Airlines who were at the
lounge of NAIA were approached by armed men. They were
told to proceed to the aircraft and fly it to San Francisco, Cali
fornia. The armed men walked with the pilots and boarded the
aircraft. But before they could do anything on the airplane, the
AVSECOM arrested them. What crime was committed?
A n sw er:
The armed men committed Hijacking. The requirement
that the aircraft be in flight does hot apply when it comes to
aircraft of foreign registry. Even if all the external doors
have not been closed it is still hijacking. Under the law, mere
usurping or seizing control of an aircraft of foreign registry is
enough as long as the said aircraft Tswithin Philippine terri
tory.
There is no such crime as Attempted or Frustrated
Hijacking. The crime of Hijacking is punished by a special
CRIMINAL LAW
BOOK II OP TUB ItimBICD PENAL CODE
law, Sottlod is the rule that the stages o f execution under Art,
6 of the Revised Penal Code are not applicable,
2. A Philippine Air Line# aircraft is bound for General
Santos City. Whilo the pilot and co-pilot were on their way to
the aircraft X, Y, and Z followed them. As soon as the pilots
entered the cockpit, X, Y, and Z with drawn guns and hand
grenade instructed them to fly the plane. The passengers were
still boarding at this time. Are X, Y, and Z liable for Hijacking?
Why? If not, what crime is committed?
Answer:
No. X, Y, and Z are not liable for Hijacking. Under the
law, in case of an aircraft of Philippine registry, hijacking
can be committed if the aircraft is in flight. In the case at bar,
the aircraft was not yet in flight.
At most, the crime committed is Grave Threats.
Answer:
Aldong “Phogie” Ymana committed Violation of the An
ti-Hijacking Law. The law punishes carrying or loading on
board a public utility passenger aircraft operating in the
Philippines any flammable, corrosive or poisonous substance.
If it is a cargo plane, it is not covered by RA 6235.
4. What if in the course of a hijacking a passenger or a
flight attendant was shot and killed. W hat crime or crimes is/
are committed?
Answer:
The crime committed is Violation o f the Anti-Hijack
ing Law. Under the law, if a passenger or complement of an
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY qq
AND THE LAW OF NATIONS •
Chapter One — Crimes Against National Security
What is Terrorism? ,
A 1998 study by the US Army counted 109 definitions of terror
ism that covered a total of 22 different definitional elements.
Terrorism expert W alter Laquer in 1999 counted over 100
definitions and concluded that: *
“The only general characteristic generally agreed upon is
that terrorism involves violence and the threat of violence
The United Nations General Assembly Resolution 49/60 adopt
ed on December 9,1994 contains a provision describing terrorism:
Special Laws:
1. Presidential Decree No.JL613 {The Law on A rson)^/
2. Republic Act No. 6969 (Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990); i
3. Republic Act No. 5207 (Atomic Energy Regulatory and Liabil
ity Act of 1968); L
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974); and
6. Presidential Decree No. 1866 as amended by RA 8294 (Illegal
Possession of Firearms).
Motive of Terrorism:
To coerce the government to give in to an unlawful demand.
A nsw er:
No, X is not liable for Terrorism . There is nothing in
the problem that indicates that the commission of Murder by
X sowed and created a condition of widespread and extraor
dinary fear and panic among the populace. The killing of one
person does not have the magnitude to sow and create a condi
tion of widespread and extraordinary fear and panic among the
populace.
2. X has an ax to grind against A, B, C, D, arid E. X
killed all of them by shooting them from behind. X thus com
mitted four counts of Murder because of the qualifying aggra
vating circumstance of treachery. Is X liable for the crime of
Terrorism? Why? '
A nsw er:
No. The killing of the five persons by X may be alarming
but it did not sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to
coerce the government to give in to an unlawful demand.
3. X committed Murder in San Juan, Caloocan, Man-
daluyong, Cainta, and Las Pinas. Did he commit the crime of
Terrorism? Why? v.
A nsw er:
No. Nothing in the problem would show that the perpe
tration of Murder in the said places sowed and created a condi
tion of widespread and extraordiriary fear and panic among the
populace.
4. X is a serial rapist. He committed rape in Manila,
Quezon City, San Juan, Cainta, Cavite, Tarlac, Pangasinan,
La Union, and Pampanga. The commission of the crime in the
said places has instilled widespread fear and panic among the
populace. Is X liable for Terrorism? Why?
A nsw er:
No, X is n ot liable fo r T errorism . Although the com
mission of rape sowed and created a condition of widespread
and extraordinary fear and panic among the populace, rape is
not am ong the crim es co v e re d b y th e law o n terrorism .
5. A, B, C, and D organized themselves into a group
engaged in big time robbery, kidnapping and Murder. They
38 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
N otes:
1. T he A n ti-T errorism law is a tooth less tiger. It
is not as fearsome as it was perceived at its inception. It is very
difficult for the prosecution to prove that all the elements of the
crime are present. It is axiomatic for the prosecution to prove
all the elements of a crime. If one element is not present then
the crime is not committed;
2. The Anti-Terrorism law d oes n ot define w id e
sp rea d and ex tra ord in a ry fea r and p an ic;
3. What is “ u nlaw ful dem an d?” The element of un
lawful demand is what differentiates terrorism from other
crimes. Without unlawful demand there can be no terrorism.
Can unlawful demand relate to any demand whether criminal
or not?
4. What is meant by “ sow and cre a te a c o n d itio n
o f w id esp rea d and ex tra ord in a ry fea r and p a n ic a m o n g
th e p o p u la ce ?” Is it confined to the populace constitutive only
of civilians to the exclusion of the government? r
5. What is fear and panic? How does one know that he
or she had sown or created fear and panic?
6. What is meant to c o e r c e ? What coerces one may not
coerce another and RA 9372 does not define it. «
Penalty
40 years of imprisonment. (Sec. 4. RA 9872)
Mere Conspiracy to commit Terrorism is punishable, The mo
ment the conspirators commit any act o f terrorism however, they
are no longer liable for Conspiracy to Commit Terrorism. They are
already liable for the crime of Terrorism.
Illustrations:
1. A, B, C, D, and E compose a group of terrorists that
had committed Arson to sow and create a condition of wide
spread and extraordinary fear and panic among the populace
to coerce'the government to give in to the demand to declare
the independence of Patikul, Sulu. X, despite his knowledge of
the crime committed by the group, acted as their driver and
transported them to one of their destinations. X is lia b le as
an accom plice in the crim e o f T errorism . He c o n c u r r e d
w ith the crim inal acts o f the grou p and co o p e r a te d in
the execu tion thereof.
2. A, B, and C agreed and decided to commit the crime
of Terrorism when they met in the house of X. The latter knew
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY <ii
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
Penalty
Ten (10) years and one (1) day to twelve (12) years of imprison
ment.
Illustration s:
1. Renz Jan committed the crime of Terrorism by kid
napping scions of well to do families. He amassed millions of
pesos in the process. Renz Jan gave Prince, his best friend the
•r amount of Php500,000.00. Despite knowing that the money
came from the terroristic activities of Renz Jan, Prince accept-
\ ed the money. What is the criminal liability of Prince if any?
‘ Why? w, ' >•?-;' *■ -■ ' •* , V
A nsw er:
Prince is liable as accessory to the crime of Terrorism.
He profited by the effects of the crime by accepting the money
despite knowing that it came from Terrorism..
2. Abu Gado and company committed the crime of Ter
rorism. Despite his knowledge of the crime committed by the
42 CRIMINAL LAW
B O O E D OF THE REVISED PENAL CODE
A n sw er:
X is liable as Accessory to crime of Terrorism because he
concealed the body of the crime or the instruments thereof.
4. A, B, and C are wanted for the crime o f Conspira
cy to commit Terrorism. X knows the crime committed by the
group. X harbored, concealed and assisted in the escape of the
conspirators. What is the liability of X if any? Why?
A nsw er:
X is liable as Accessory to the crime of Terrorism because
he assisted in the escape of the conspirators of the crime o f Ter
rorism.
OUTLINE:
Accessory
Query:
May an organization, association, or group of persons be
declared as a terrorist and outlawed organization, association
or group of persons organized for the purpose actually uses the
acts to terrorize or sow and create a condition of widespread
and extraordinary fear and panic among the populace in order
to coerce the government to give in to an unlawful demand?
Answer:
Yes. Upon application of the Departm ent o f Justice,
the Regional Trial Court, with due n otice and op p ortu
nity to be heard given to the organization, association
or group o f persons, may declare that such is a terrorist and
outlawed organization, association, or group of person. (Sec.
17, RA 9372) *
Q u eries:
1. Can the person found innocent file a collection suit
against the government?
2. Does Sec. 41 of RA 9372 constitute a waiver of im
munity from suit of the government?
A n sw er:
R A 9372 is silen t o n the m atter.
TITLE TWO
What are the crimes against the fundamental laws of the State?
1. Arbitrary detention (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial
authorities (Art. 125)
3. Delaying release (Art. 126)
4. Expulsion (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in the service
of those legally obtained (Art. 129)
7. Searching domicile without witnesses (Art. 130)
8. Prohibition; interruption, and dissolution o f peaceful meetings
(Art. 131) ; ' \
9. Interruption of religious worship (Art. 1 3 2 ),and ^
10. Offending religious feelings (Art. 133); .
Who are liable for crimes against the fundamental laws of the
State?
The offenders are \public officers excep t as to the last
crim e o f offending religious feelings.
46
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL d7
LAW OF THE STATE
Chapter One — Arbitrary Detention or Expulsion
Elements:
1. | Offender is a public officer or employee; ^
2. He detains a person;
'" 3. The detention*is'without legal grounds.
Arbitrary Detention is committed, when;a person is arrested
and detained w ith ou t w arrant o f arrest.
2. When a crime has in fact just been committed and the arrest
ing officer has personal knowledge based on probable causa
! that the person to be arrestedhas committed it;
Illustration s:
1. WHEN THE PERSON TO BE ARRESTED WITH-
OUT WARRANT IS ATTEMPTING TO COMMIT A CRIME
IN THE PRESENCE OF THE ARRESTING OFFICER:
While walking at Session Road, SPOl Santos saw X about
to pick the wallet of a woman. SPOl Santos may right then
and there arrest X even if he has no warrant for the arrest
of X. This is one instance when a peace officer or even a civil
ian can arrest a person who is about to commit a crime in his
presence without a warrant of arrest. Thereafter, he can detain
him within the prescribed period of time set forth in Art. 125.
2. WHEN THE PERSON IS ARRESTED WHILE
COMMITTING A CRIME IN THE PRESENCE OF THE AR
RESTING OFFICER:
A policeman was summoned to pacify a rumble that was
going on. Wftien the policeman arrived at the scene, he saw X
stabbing Y. The policeman can arrest X even without a war
rant of arrest because X was committing a crime in his pres
ence.
3. WHEN THE PERSON TO BE ARRESTED COM
MITTED A CRIME IN THE PRESENCE OF THE AR
RESTING OFFICER
Hilario who was under the influence of liquor fired his
unlicensed gun while he was at the Malcolm square disturbing
the peace and order at the public place. A policeman who was
manning traffic nearby saw him. The policeman can arrest Hi
lario even without a warrant of arrest because the latter com
mitted a crime in his presence.
4. WHEN A CRIME HAS IN FACT JUST BEEN COM
MITTED AND THE ARRESTING OFFICER HAS PERSON
AL KNOWLEDGE BASED ON PROBABLE CAUSE THAT
THE PERSON TO BE ARRESTED HAS COMMITTED IT.
In this case, a crime has just been committed. It connotes
immediacy. If several days have passed there is no more legal
basis for making arrest and detention without warrant of ar
rest.
A policeman heard shouts to the effect that a person
stabbed another. As he was quite near, he hurriedly ran to-
CSIM3XALLAW
3& j E. 13 OF THE SLETI5ED PEKAL CODE
c-3
prisoners who have escaped from detention or confinement. Time is
o f the essence.
Problem s:
1. While on foot patrol, P02 Alcisto met Tiburcio whose
face is dubious and does not inspire confidence. P02 Alcisto
arrested Tiber and detained him. P02 Alcisto is liable for Ar
bitrary detention because he arrested and detained Tiburcio
without legal grounds. Tiburcio was not committing a crime.
2. X an informant went to the office of the CIDG. He
reported that Rosa Aruta is engaged in the illegal sale of drugs.
He informed further that she is about to deliver a large quan
tity of marijuana to a buyer. The officer-in-charge of the office
immediately dispatched a team to apprehend Rosa. On their
way to the house of Rosa, X pointed to a woman who was then
crossing the pedestrian lane and who was carrying a big bag.
X identified her as Rosa Aruta. Then and there, the operatives
c arrested Rosa Aruta. After arresting her, they searched her
bag and found a large quantity of marijuana. The elements of
the CIDG detained Rosa Aruta. She was charged for violation
of the drugs law. If you were the judge are you going to acquit
or convict the accused?
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL 51
LAW OF THE STATE
Chapter One — Arbitrary Detention or Expulsion
A n sw er:
If I were the judge, I w ill a cq u it R osa A ruta. She was
just crossing the street when she was arrested. She was not
about to commit a crime. She was not committing a crime nor
had just committed a crime in the presence of the arresting of
ficers. The CIDG operatives would not have apprehended her
were it not for the furtive finger of the informant. There was no
legal basis for the CIDG to effect a warrantless search of loer
bag there being no probable cause and Rosa Aruta not having
been lawfully arrested. Crossing a street is not a crim e^ h ere
was no legal ground for the arrest of Rosa Aruta.
Stated otherwise, “the arrest b ein g in cip ien tly ille
gal, it lo g ica lly follow s that the subsequent search w as
sim ilarly illegal.” As such, the marijuana seized could not be
used as evidence against Aruta for it is a “ fru it o f the p o iso n
ou s tree.” (People v. Rosa Aruta, G.R. No. 120915, April 3,
1998)
N ote: The op eratives cou ld have been ch a rged w ith
A rb itra ry detention.
3. At 2:00 in the'afternoon of December 14, 2009, Deb
ra went to the office of the NBI Baguio City and complained
to NBI agent Wasmir that she was raped the night before by
Dalton in his house at No. 48 Torres Bugallon Avenue, Baguio
City. She showed to agent Wasmir contusions and hematoma
in her arms and legs. She was referred to the bureau’s medico
legal officer. Upon examination, it was found out that Debra
has fresh vaginal lacerations at 3:00 o’clock position and was'
fouiid positive of spermatozoa. Then and there agent Wasmir
and other agents went to the house of Dalton. They found Dal
ton sleeping in his bed. They woke him up and arrested him.
Agent Wasmir detained Dalton. Are the NBI agents liable for
arbitrary detention?
A nsw er:
No, the NBI agents are n ot liable fo r a rb itra ry de
ten tion . Under the 2000 Rules of Criminal Procedure, a war
rantless arrest can be made “ i f a crim e has in fa ct ju st
b een com m itted and th e a rrestin g o ffic e r has personal
k n ow led g e based o n p ro b a b le ca u se th at the person to
be arrested has com m itted it.” In the instant case, the inju-
iy of 7W3
aw, powiiMRrii
52 CRIMINAL LAW
BOOK n OF THE REVISED PENAL CODE
Answ er:
Roily committed Illegal detention. Although he is a
pu blic em ployee he does not have the p ow er to arrest
and detain a person. Only public officers or employees who
have the power to arrest and detain a person may commit the
crime of arbitrary detention by detaining another without legal
ground.
Elements:
1. The offender is a public officer or employee;
2. He has detained a person for some legal grounds;
3. He fails to deliver^sSxcii person to the proper judicial authority
within —
a. 12 h o urs if detained for crimes or offenses punishable by
ligh t penalties, or their equivalent;
b. 18 h ou rs for crimes or offenses punishable by correction
al penalties, or their equivalent;
c. 36 h ou rs for crimes or offenses punishable by capital
punishment or afflictive penalties, or their equivalent.
(Executive Order No. 272)
N otes:
This is a felony b y om ission? It is com m itted b y the
failu re to p erform a d u ty'requ ired by law.
The detention here must be for legal grounds.
The term legally arrested does not mean that a person
was arrested by virtue of a warrant of arrest. A person is ar
rested withpiitjwarrant-but-the arrest was lawful. Example: A
person was arrested without warrant of arrest while commit
ting a crime, about to commit a crime or committed a crime in
the presence of the arresting officer.
What is the meaning of the term “delivering the person legally ar
rested to the judicial authorities?”
The statement should not be interpreted literally. It does not
mean the physical act of bringing the person legally arrested to the
judge. It means the filing of the case before the court that hasjuris^,
diction over the crime committed by the person arrested.
If the case is filed in the fiscal’s office, this provision of law is
not complied with. However, it is submitted that filing of the case at
the fiscal’s office is a sufficient compliance with the law. It is not the
duty of the arresting officer to file the case in court. That, duty be
longs to the fiscal’s office. The moment the arresting officer endorses
the case to the fiscal’s office it is now the duty of the fiscal to issue
a partial resolution and order the continued detention of the person
arrestecPor shall order his release pending preliminary investiga-
54 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
tion. If the fiscal does not make a resolution either for the continued
detention of the person arrested or his release, the arresting officer
should release the person arrested so that he will not run afoul with
the law. Thus, he could preclude being charged with arbitrary de
tention.
What if a person was arrested for violation of a special law and
not for violation of the Revised Penal Code within what period of
time should the arresting officer file the case in court?
Answer:
The law provides “ or their equivalent.” Felonies are
classified according to gravity, to wit:
1. Felonies that are punishable with light penalties are
considered light felonies;
2. Felonies that are punishable with correctional penal
ties are considered less grave felonies; and
3. Felonies that are punishable with afflictive penalties or
with the death penalty are considered grave felonies.
Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light penalties:
Arresto menor
Public censure
Fine Bond to keep the peace
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL k*
LAW OF THE STATE
Chapter One — Arbitrary Detention or Expulsion
Thus, in case the law violated is a special law, check the pen
alty imposable by the special law and determine if it is grave, less
grave or light felony. That is the basis for determining the period
of time during Which an arresting officer can legally hold on to the
person arrested with legal ground and without a warrant of arrest.
A n sw er:
Yes, there was a violation of Art. 125 and the arresting
officer maybe charged criminally.
Q uery:
If you were the counsel for the arresting officer what is
i your defense?
A n sw er:
If I were the counsel for the arresting officer, I will in
voke as defense the exempting circumstance of in su p era b le
ca u se under paragraph 7 of Art. 12 of the Revised Penal Code.
The arresting officer was prevented from performing an act
56 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Answer:
There is no period. The arresting officer is not bound
by the period fixed under Art. 125 of the Revised Penal Code
because the law does not apply. The arresting officer will just
accomplish a return of the warrant of arrest found at the back
thereof and indicate that he had arrested the person named
therein and state where the person is being detained.
Elements:
1. The offender is a public officer or employee;
2. There is a judicial or executive order for the release of a pris
oner or that there is a proceedipg upon a petition for the libera
tion of such person; ^ ~
3. The offender*_^ithout good reason, delays:
a. ThefservirVnf the notify nf>nrh order to the.prisoner, or
b. The p^ fS m a n gfelQf,such^judicial executivejwder for
the relpasej)£the prisoner, or y
c. The proceedingsj^on_a.p€titionJforvthe,release^o£such
persons:
Acts punished:
1. Delaying the performance of a judicial or executive order for
the release of a prisoner;
2. Unduly delaying the service of such order to the said prisoner;
3. Unduly delaying the proceedingsJbr the liberation of such per-
V ," ■ ’ ..
Who may commit the crime?
Public officers or employees like court personnel, wardens, jail
\ guards and peace officers. > *— ‘ r-7"^:
Illu stra tion :
X was arrested and detained at the city jiail on one Fri
day. At 4:30 p.m., the wife of X came and posted hail for X*s
temporary liberty. Accordingly, the judge issued an order di
recting the jail warden to release the accused X unless he is
being held for some valid causes. The clerk of court ordered the
court sheriff to deliver the court order to the jail warden: As the
sheriff was in a hurry as he was going somewhere else, he did
not deliver the release order. Came Monday, the sheriff still
forgot to serve the order of release. It was only on the following
day, Tuesday, when he remembered to serve the order. Thus,
X stayed in jail unnecessarily for 3 days more. X is liable fo r
arb itra ry d eten tion fo r u n d u ly d ela y in g to serve the re
lease ord er.
58 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Elements:
1. The offender is a public officer or employee;
2. He expels any person from the Philippines or compels a person
to change his residence; and
3. He is not authorized to do so by law.
A person has the right to establish his home where he wants
provided it is not against the law. He has the right to have his home
on top of a hill or on top of a mountain or on a precipice and that
is his right. The government cannot compel him to change his resi
dence.
In the case of Villavicencio v. Lukban, 39 Phil. 778, the police
chief of Manila upon order of the city mayor to get rid of Manila of
prostitution hauled the prostitutes from their places of residence
and deported them to Davao. No due process was observed. They
were found guilty of E xpulsion.
Expulsion from the Philippines .can only be done through de
portation proceedings. Only ahensxTap be deported.
If expulsion is done J)y-s|-publi^^fi^^, the crime is E xp ul-
sion . If committed^hy^ljrivate^persQ^^ytiireats or intimidation,
the_crimeds(Grave CoercidnT^>^_
Elements:
1. The offender is a public officer or employee;
2. He is not authorized by judicial order (search warrant) to enter__
a dwelling^fid/or make a search therein for papers or other efL.
fects. ■
Nmtesi
The public officer or employee dioes n ot have a ju d ic ia l-
ly is sued search warrantr If he enters a dwelling against
the will of the owner, searches papers or other effects found
therein or having surreptitiously entered the dwelling refuses
to leave when required by the owner, he is liable for the crime
of V iolation o f D om icile.
Even if the acts above mentioned are committed if the
police officer has a search warrant, this crime is not committed.
Under the first exception, tho law requires that there be first a
lawful arrest before a search can bo rnado — tho process cannot be
reversed. (People v. Molina, 352 SCRA 174)
Where the gun tucked in a person's waist is plainly visible to
the police, no search is necessary, in the absence of any license of
said firearm, he may be arrested at once as he is in effect commit
ting a crime in the presence of the police officers. (People v. Go, 354
SCRA 338)
As a consequence of a person’s valid warrantless arrest, he
may be used as a proof of the commission of an offense, without a
search warrant. (People v. Conde, 356 SCRA 415)
Warrantless searches of bags of visitors of detainees, a part
of police standard operation procedure, and recognized as part of
precautionary measures by the police to safeguard the safety of the
detainees as well as the over-all security of the jail premises, may be
validly done. (People v. Conde, 365 SCRA 415)
The warrantless search and seizure, as an incident to a sus
pect’s lawful arrest, may extend beyond the person of the one ar
rested to include the premises or surrounding under his immediate
control. (People v. Hindoy, 357 SCRA 692)
The right against unreasonable searches and seizures is a per
sonal right which may be waived expressly or impliedly. Waiver by
implication cannot be presumed. (People v. Cucubin, Jr., 360 SCRA
690)
Peace officers who conduct a warrantless search cannot invoke
regularity in performance of official functions and shift to the ac
cused the burden of proving that the search was unconsented. (Peo
ple v. Cucubin, Jr., 360 SCRA 690)
Problem :
X, a police officer, surreptitiously entered the house of
Maxie. When Maxie arrived, he saw X sitting in comfort sip
ping iced tea in his kitchen. Maxie directed X to leave his home.
X followed the order and left. Is X liable for Violation of Domi
cile? ’
Answ er:
No, X is not liable for Violation of Domicile because he
left the house of Maxie upon being directed to do so. In this
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL ai
LAW OF THE STATE 1
Chapter One — Arbitrary Detention or Expulsion
instance, the act punishable is not the entry but the refusal to
leave upon being required by the owner of the house.
I* _______ _
What are the three ways of committing (Violation of Domicile?
1. Entering a dwelling against the will of the owner, searching
documents, papers and effects without the previous consent of
the owner or refusing to leave having surreptitiously entered a
dwelling when required by the owner (Art. 128);
2. Search-W-arrants maliciously obtainedanclabusein the service
of search warrant (Art. 129);
3. Searching domicile without witriesSes;(Art. 130).
Answ er:
Herman can be charged with V io la tio n o f D o m icile by
procuring a search warrant without caSs^Tn'‘addition, he can
be charged with P erju ryjEor-makingL^false statement in writ
ing and under oath under Art. 183 of the Revised Penal Code.
Illu stra tion o f abuse in the serv ice o f sea rch w a rra n t:
SP02 Martinez led a team of policemen that implement
ed a search warrant in the house of Mary Ann. While they were
conducting the search, Martinez destroyed the dividing walls
and employed violence upon Mary Ann and the members of her
household inflicting physical injuries upon them. What crime
or crimes can SP02 Martinez be charged with?
A nsw er:
SP02 Martinez can be charged with V iola tion .of D om i
cile and separate crimes of P h y sica l Injuries. T here is n o
com p lex crim e. The two felonies have different elements.
Elements:
1. The offender is a public officer or employee; ^
2. He is armed with a search-warrant legally procured;"
3. He searches the domicile for papers or belongings of an^ per-
son; - . -
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
Chapter One — Arbitrary Detention or Expulsion
- .
ART. 131. Prohibition, interruption and dissolution o f
p ea cefu l m eetings. —•The penalty o f p rision correction a l in
its m inim um p eriod shall be im posed upon any p u b lic o fficer
or em ployee w ho, w ithout legal ground, shall p roh ib it o r i n
terru pt the h old in g o f a peaceful m eeting, or shall d issolve
the same!
The same penalty shall be im posed upon a p u b lic office r
or em ployee w ho shall hinder any person from jo in in g any
law ful association or from ’attehding any o f its m eetings.
The same penalty shall be im posed u p on any p u b lic o f
ficer or em ployee w ho shall proh ibit o r h in d er any p erson
from addressing, either alone or togeth er w ith oth ers, any
petition to the authorities fo r the co rre ctio n o f abuses o r re
dress o f grievances. > y
Elements: &
1. The offender is a public officeror employee; § p
2. He performs any of the following acts:
a. Prohibiting, interrupting or dissolving any peaceful meet
ing without legal g r o u n d v~—
64 CRIMINAL LAW
BOOK n OF THE REVISED PENAL CODE
Elements:
1. The offender is a p u blic officer o r em ployee;
2. ReligiQus-ceremoniea,Dr_manifestations of any religion are
aboiitiQjfcakejplace or are going op;
3. Offender~prevents_or_disturbs the same.
Elements:' M
1. Offender is either a p u b lic o ffice r o r a p riv a te person ;
2. He committedjacts, notorio_usl\Loffensive^t o the feelings of the
faithful:
66 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Illustration:
While a priest was delivering his homily inside the church,
X a devotee belonging to another sect threw rotten tomatoes at
the priest. The act is notoriously offensive to feelings o f the
followers of the religion. X is liable for O ffe n d in g re lig io u s
feelings. In addition, the priest can charge him with S la n d er
by Deed under Art. 359 of the Revised Penal Code.
But assaulting a priest or a preacher during a blessing of
a new house is not tantamount tojviolation of this Jaw. Blessing
a house is not a religious worship or ceremony and the house is
not a place dedicated or devoted to a religious worship.
— oOo —
TITLE THREE
CH APTER ONE
R E B E L L IO N , C O U P D ’E T A T , S E D IT IO N , A N D
D IS L O Y A L T Y CR IM E S
67
68 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
® - fAlXo*
ART. 134. R ebellion o r in su rrection — H ow com m itted .
— The crim e o f rebellion or in su rrection is co m m itte d b y ris
ing p u blicly and taking arms against the G ov ern m en t fo r the
p u rpose o f rem oving from the allegian ce to said G ov ern m en t
o r its laws, the territory o f the R epu b lic o f the P h ilip p in e s o r
any part th ereof, or any bod y o f land, naval o r o th e r arm ed
forces, or dep rivin g the C h ief E xecutive o r th e L egislatu re,
w h olly or partially, o f any o f th eir p o w e rs o r p rerog a tiv es.
(As am ended by RA No. 6968, 86 OG 52, p. 9364.)
Elements: V •
1. That there be public uprising and taking arms against the gov
ernment;
2. That the purposes 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;
b. To deprive the Chief Executive or the Congress wholly or
partially of their privileges.
Purpose of Rebellion:
1. To o v e r th r o w th e g o v e rn m e n t or to r e m o v e fr o m th e alle
g ia n ce to the government or from its laws Philippine territory
or any part thereof, or any body of land, naval or the armed
forces; or
2. To d e p riv e .th e C h ie f E xecu tiv e o r C on gress wholly or par
tially of any of their powers or prerogatives.
Answ er:
They committed Rebellion. They rose publicly and took
arms against the government for the purpose of declaring the
independence of a part of the territory of the Philippines.
3. Col. Dimaguiba led a thousand soldiers in attacking
Camp Crame. They subdued the military establishment and
began issuing military orders. They established a new com
mand of the armed forces. What crime did they commit? 0
Answer: '
Col. Dimaguiba and his men committed Rebellion. They
rose publicly and took arms against the government for the
purpose of removing from the allegiance of the government a
part of the armed forces.
4. A disgruntled military captain led two battalions
of armed soldiers in attacking the House of Congress. They
occupied the legislature and prevented the law makers from
discharging their duties and functions. What crime did the sol
diers commit? Why? ’■ ' ^ ;
Answer:
The soldiers committed Rebellion. They rose publicly and
took arms against the government for the purpose of depriving
the legislature of its power to legislate or enact laws.
Problem s:
1. Captain Billones led a group of 45 soldiers from the
Philippine Army and attacked Sherwood Hotel in Makati. By
means of force or violence and against the will of the manager
of the Food and Beverage Section they occupied the Mahar-
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 71
Chapter One — Rebellion, Coup d’etat Sedition, and Disloyalty Crimes
A nsw er:
No, the charge is not plausible. The elements of Rebellion
are not present. There is no public uprising because there are
just 40 men involved. This number does not constitute a multi
tude. They are not armed. Take note that they are under deten
tion, hence, they are unarmed. The purpose of the walk out was
not to remove from the allegiance of the government any part
72 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
PEOPLE V. HERNANDEZ
99 Phil. 515
Hernandez and others were charged with the crime of Rebel
lion with Multiple Murder, Arson and Robbery. They were found
guilty and were sentenced to suffer life imprisonment. Were the
charges correct?
Held:
No. “ M urder, arson and ro b b e ry are m ere in g re d i
ents o f the crim e o f reb ellion , as a m eans n ecessa ry fo r
th e p erp etra tion o f the offense. S uch com m on o ffe n se s
are a b sorb ed o r in h eren t in the crim e o f re b e llio n . In
asm u ch as the acts specified in Art. 135 co n s titu te .o n e
sin gle crim e, it follow s that said acts o ffe r n o o c c a s io n
fo r the ap p lica tio n o f Art. 48, w h ich req u ires th e re fo re
th e com m ission o f at least tw o crim es.” (P eo p le v. H er
n andez, 99 P hil. 515)
That both purpose and overt acts are essential compo
nents of one crime, and that without either of them the crime
of rebellion legally does not exist, is shown by the absence of
any penalty attached to Art. 134. It fo llo w s th e re fo re that
, an y o r all o f the acts d e scrib e d in A rt. 135, w h en com
m itted as a m eans to o r in fu rth e ra n ce o f th e su b versive
en d s b e co m e a b so rb e d in th e crim es in th em selves. Not
every act of violence is to be deemed absorbed in the crime of
rebellion solely because it happens to be committed simultane
ously with rebellion. But a rebel who for some-independent or
CRIMINAL LAW
BOOK n OF THE REVISED PENAL CODE
m
76 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
N ote:
H ow sh ou ld b a r ex a m in ees a n sw er th e q u e stio n ?
Manner of commission:
1. Violence
2. Intimidation
3. Threat
4. Strategy
5. Stealth .
Keyw ord: VITSS
5. May be carried out not only by force or violence but also through
stealth, threat or strategy.
Illustration:
At the break of dawn, two platoons of the marines at
tacked ABS-CBN Radio network and forcibly took over its
management. They controlled the broadcast media and aired
their grievance against the military and the government. What
crime did they commit?
Answer:
They committed Coup d’etat. They swiftly attacked a
communication network and the purpose was to destabilize the
government.
Manner o f commission
, 1. The essence of the crime is a swift attack upon the facili
ties of the Philippine Government, military camps and in
stallations, communication networks, public utilities and
facilities essential to the continued possession of govern
mental powers accompanied by violence, intimidation*
threat, strategy, and stealth; Keyword: VITSS
TITLE THREE — CRIMES AGAINST PUBLIC ORDER
79
Chapter One — Rebellion, Coup d’etat Sedition, and Disloyalty Crimes
Penalty imposable:
1. Reclusion perpetua shall be imposed upon any person who pro
motes, maintains, or heads a rebellion or insurrection;
2. Reclusion temporal shall be imposed upon any person who par-1
ticipates or executes the commands of others in rebellion or
insurrection (as amended by RA 6968, the Coup d’ etat la w );
3. Reclusion perpetua shall be imposed upon any person who
leads or directs or commands others to undertake coup d ’ etat;
4. Reclusion temporal shall be imposed upon any person in the
government service who participates or executes directions or
commands of others in undertaking coup d ’ etat; and
5. Prision mayor in its maximum period shall be imposed upon
any person not in the government service who participates or
executes directions or commands of others in undertaking coup
d ’ etat.
N otes:
Q o n sp irn c y tn r o m m it Caup iTetat exists when two or more
persons come to an agreement concerning the commission o f coup d *
etat and decide to commit it.
Conspiracy j o c o m m it rp_h«dHon. exists when two or more
persottS"come to an agreement concerning the commission o f rebel
lion and decide to commit it.
Conspiracy to commit insurrection exists when two or
more persons come to an agreement concerning the commission o f
insurrection and decide to commit it.
Proposal to commit coup d’eta t exists when a person who
has decided to commit coup d ’eta t proposes its execution to
some other person or persons.
Proposal to commit rebellion exists when a person who has
decided to commit rebellion proposes its execution to some other
person or persons.
Proposal to commit insurrection exists when a person who
has decided to commit insurrection proposes its execution to some
other person or persons.
Conspiracy to commit any of the above crimes can be com m it
ted only in the conspiracy or preparatory stage. The moment any o f
the conspirators commits the crime, everybody will be liable for the
crime committed.
Illustration :
Members of an armed separatist movement numbering
thousands attacked and placed under their control and opera
tion the provincial government of Pangasinan. They declared
the independence of the Republic of Pangasinan from the terri
tory of the Philippines. The Governor of the province continued
to perform his duties under the control of the rebels. Is the
Governor liable? If so, what crime? Why?
Answer:
The Governor is liable for the crime of D isloyalty. He
continued to work or perform his duties as governor under the
control of the rebels. His act amounted to an act of disloyalty to
the republic.
Elements:
1. The offenders rise publicly and tum ultuously^.
2. They employ force, intim idation, or by other m eans out-
side o f legal m ethods.
Illustrations:
1. During a national election, a political group com
posed of thousands, rose publicly and prevented the holding
of the election contending that millions of voters were disen
franchised. T hey are liable for Sedition becau se they rose
p u b licly and preven ted the h oldin g o f a national elec
tion. (P aragraph 1, Art. 139)
2. During the administration of President Joseph Es
trada, he issued Administrative Order No. 1 appointing Cong.
Felicito Payumo as Chairman of SBMA in lieu of Richard Gor
don. The many supporters of Gordon barricaded the offices of
84 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
the SBMA and prevented the police from executing the admin
istrative order by repulsing the policemen who were sent to
implement it by force or intimidation. What crime did the sup
porters of Gordon commit it any? T hey com m itted Sedition
because they rose pu blicly and tum ultuously and pre
vented the execution o f an adm inistrative ord er. (Para-
grap 2, Art. 139)
3. A large group of people noisily and boisterously
marched through the public streets chanting words to express
disgust, frustrations, sentiments and hate against a city coun
cilor. They proceeded to the city hall and attacked the person
of the city councilor. They com m itted Sedition. T hey rose
publicly and tum ultuously and inflicted an act o f hate
or revenge against the person o f the city cou n cilor.
(Paragraph 3, Art. 139)
Suppose instead of attacking the city councilor, the peo
ple vented their ire by attacking the car of the city councilor
parked in front of the city hall by pelting it with stones and ob
jects, what crime did they commit? Still the crim e com m it
ted is Sedition. The crim e can be com m itted b y rising
pu blicly and tumultuously and by means o f hate or re
venge inflict any act o f hate or revenge upon the person
or property o f a public officer or em ployee. (Paragraph
3, Art. 139)
4. A large group of people took the streets and created
commotions. As an act of hate or revenge, they attacked a pri
vate person or his property. What crime is committed? They
com m itted Sedition. They rose publicly and tum ultu
ously and by means o f hate or revenge, they attacked
the person or property o f a private person. (Paragraph
4, Art. 139)
5. Prompted by rice shortage, a lot of people went to the
NFA to get rice. The crowd grew bigger and bigger. They be
came unruly. They began protesting against the government.
Thereupon, they forcibly opened the granaries and distributed
rice to many people. They com m itted Sedition because
they rose publicly and tum ultuously and despoiled for
political or social end, a property belon gin g to the gov
ernment. (Paragraph 5, Art. 139)
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 85
Chapter One — Rebellion, Coup d’etat Sedition, and Disloyalty Crimes
87
SB CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Elements:
1. There is a meeting of Congress or any of its committees or sub
committees, constitutional commissions or committees or di
visions thereof, or any provincial board or city or municipal
council;
2. The offender performs any of the following acts:
a. Disturbs any of such meetings;
b. Behaves in such a manner as to interrupt its proceedings
or to impair the respect due to it.
P roblem :
On his way to attend a regular session of the House of
Congress, Congressman Mauricio figured in a vehicular acci
dent. Both the Congressman and the driver of the other ve
hicle alighted. An altercation ensued. In the process, the Con
gressman shot the driver with his licensed firearm. The bullet
grazed the left arm of the driver. A policeman came and arrest
ed Congressman Mauricio. Is the policeman liable for Violation
of Parliamentary immunity?
A nsw er:
Yes, the policem an is liable for V iolation o f Par
liam entary Imm unity. The Constitution provides that a
member of Congress is immune from search and arrest except
when the penalty for the offense committed by him is higher
than p rision correccion al. There is an apparent conflict be
tween Art, 145 and the Constitution. Art. 145 provides that
a member of Congress is immune from search and arrest ex
cept when the penalty for the crime be higher than p rision
mayor. The Constitution being the highest law of the land
prevails. The crime committed by Congressman Mauricio is
Attempted Homicide which is punishable by p rision correc
cional. This penalty is not higher than prision correccional.
Therefore, Congressman Mauricio is entitled to the immunity
from arrest. Having thus arrested the congressman, the police
man is criminally liable.
CHAPTER THREE
90
\
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 91
Chapter Throe — Illegal Aflaembly and Association
Acts punished:
B A n y m e e tin g a tten d e d b y a rm ed p erson s fo r the p u rp ose
o f co m m ittin g an y o f th e crim es p u n ish a b le b y the C ode.
Elements:
a. There is a meeting, gathering or group of persons, wheth
er in fixed place or moving;
b. The meeting is attended by armed persons;
c. The purpose of the meeting is to commit any of the crimes
punishable under the Revised Penal Code.
N ote:
If a group of armed men gathered and conspired for the
purpose of committing kidnapping, illegal assembly is commit
ted not because of the conspiracy but because of the gathering
of armed men. Kidnapping is punished under the Revised Pe
nal Code.
2. A n y m e e tin g in w h ich the au d ien ce, w h eth er arm ed o r
n ot, is in cite d to th e com m ission o f the crim e o f trea son ,
re b e llio n , o r in su rrection , sedition , o r assault u p o n p e r
son in a u th ority o r his agents.
E lem en ts:
a. There is a meeting, a gathering or group of persons,
whether in a fixed place or moving;
b. The audience, whether armed or not, is incited to the com
mission of the crime of treason, rebellion or insurrection,
sedition or direct assault.
P rob lem s:
1. A group of drug pushers had a meeting in the
campus of a university. They agreed and decided to distribute
and sell shabu and other illegal drugs to the students of the
colleges and universities in the city. Are the members of the
group liable for Illegal Assembly?
A n sw er:
N o, th ey are n o t lia b le fo r illegal assem bly. This
crime is committed by a gathering of people for illegal purpose
p u n ish a b le b y th e R evised P enal C ode. The gathering of
drug pushers to facilitate drug trafficking is not illegal assem
bly because the purpose is not violative of the Revised Penal
Code but of the drugs law which is a special law.
Suppose the purpose of the meeting is to incite the audi
ence to commit rebellion, insurrection, sedition or assault upon
a person in authority, what is the crime committed if any?
Why?
A n sw er:
The crime committed is illegal assembly because the au
dience is incited to commit rebellion or insurrection, sedition or
an assault upon a person in authority.
94
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 95
Chapter Four — Assault upon, and Resistance and
Disobedience to Persons in Authority and their Agents
Illustrations:
a. X is a sugarcane planter in Hacienda Esperanza.
He nurtured a grudge and ill feeling against Don Gerardo, the
owner of the hacienda because the latter had not been giving
his workers their due share and benefits. X attacked Don Ge
rardo with fist blows and kick blows. What crime did X com
mit? Why?
Answer:
X committed D ire ct A ssault. W ith ou t a p u b lic u p ris
in g, h e a tta ck ed an d em p loyed fo rce against a p riv a te
p e rs o n fo r a s o cia l end. This is an object of Sedition (Art.
139, par. 4). Had there been public uprising, the crime commit
ted is Direct Assault of the first kind.
b. X an election registrar insulted Y in front of many
people. The latter did not forget the incident. He wanted to get
even with X. One day, Y chanced upon X. Y boxed X repeatedly
to avenge the public humiliation that he earlier suffered in the
hands of X. What crime did Y commit? Why?
Answer:
Y committed D ire ct Assault. W ithou t a p u b lic u p ris
in g, he attacked Y to inflict an act of hate or revenge upon the
person of a public officer. (Art. 139, par. 3) ,
What if instead of attacking X, Y smashed the windshield
of the car of X to inflict an act of hate or revenge, what crime
did Y commit? Why?
Answer:
Y still committed D ire ct A ssault. He inflicted an act of
hate or revenge on the property of a public officer w ith o u t a
p u b lic uprising. (Art. 139, par. 3 )
c. Martin engaged Noel, the city secretary in a .fist
fight wherein Martin suffered a big lump on his forehead. One
day, the two met again. Martin exacted revenge on Noel by hit
ting him with a piece of stone. What crime did Martin commit?
Why?
Answer:
Martin committed D ire ct A ssault. Although the act of
Martin was not by reason of the performance of duty of the vie-
96 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
tim, the act falls within the coverage of d ire ct assault o f the
first form xxx w ith ou t a p u b lic u p risin g b y em ploying
fo rce o r in tim id a tion fo r the attain m en t o f any o f the
p u rp oses en um erated in d efin in g the crim e o f sedition.
One of the objects of sedition is to in flict any a ct o f hate or
rev en g e u p on the p erson o r p ro p e rty o f any p u b lic em
p loy ee. (Art. 139, par. 3)
A nsw er:
X committed the complex crime of H om icid e w ith Di
re ct A ssault u p on a p erson in au th ority. He committed
Homicide for stabbing the mayor to death. He also committed
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 97
Chapter Four — Assault upon, and Resistance and
Disobedience to Persons in Authority and their Agents
Answer:
A committed D irect Assault upon an agent o f a p er
son in authority. He attacked the policeman while the latter
was engaged in the performance of his duties.
Answer:
X committed P hysical Injuries. It cannot be Assault
upon a person in authority because the victim was no longer a
judge at the time of the assault. Once he retired, he is no longer
considered a person in authority. •
CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
N ote:
A private person w h o com es to the aid o f a person
in authority au tom atically b e co m e s an a gen t o f a per
son in authority. If such person is also assaulted, the crime
committed is Direct Assault upon an agent of a person in au
thority.
Illustration:
X attacked the Vice Mayor while the latter was in the
process of making consultations with a group of people
regarding the enactment of needed ordinances. Y attacked the
Vice Mayor by slapping him. George, who was at the meeting,
went to help the Vice Mayor by pacifying X. Instead of being
pacified, X boxed George. What crime or crimes did X commit?
Why?
Answer:
With respect to the V ice M ayor, X committed D irect
Assault upon a person in authority. He attacked the Vice
Mayor while he was engaged in the performance of his duties.
With respect to George, X committed D irect Assault
upon an agent o f a person in authority. A private person
who comes to the aid of a person in authority automatically
becomes an agent of a person in authority.
Problems:
1. X a motorist got mad at police officer Y for accosting
him when he parked at a no parking sign. Y demanded that X
gives him his driver’s license. Instead of complying with the
lawful order, X kicked the police officer. Y ran away but he was
pursued by X. Renz went to the aid of the policeman by pacify
ing X but X threw him to the ground and kicked him. What
crime or crimes did X commit? Why?
Answer: '
For attacking the policeman while he was engaged in the
performance of his duties, X committed D irect Assault upon
an agent o f a person in authority.
A private person who conies to the aid o f an agent
o f a person in authority does not becom e an agent o f an
• agent o f a person in authority. Thus, with respect to Renz,
the crime committed by X is Indirect Assault.., ?
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 99
Chapter Four — Assault upon, and Resistance and
Disobedience to Persons in Authority and their Agents
P rob lem :
Armando, a law student, was flunked in Roman Law by
his professor Atty. Reyes. Angered by this, Armando waited
for and hit him with a bottle of San Miguel beer. Atty. Reyes
suffered injuries and was medically attended for 3 days. Ar
mando was charged with the complex crime of Direct Assault
with Slight Physical Injuries.
V\* CRIMINAL LAW
BOOK 11 OF THE REVISED PENAL CODE
h. Will your answer be the same had Atty. Reyes been con
fined at the hospital for 12 days because of the injuries
that he sustained?
A natcer:
a. T h e ch a rg e o f D ire ct A ssa u lt w ith S lig h t P hysi
ca l In ju rie s is n ot c o r r e c t. In the crime of Direct Assault,
p h y s ica l in ju rie s is a b so rb e d . Besides, under Art. 48 of the
Revised Penal Code, a grave or less grave felony cannot be com-
plexed with a light felony like slight physical injuries.
Armando committed Q u alified D ire ct A ssa u lt upon a
person in authority. He laid hands upon a person in authority
by reason of the performance of his duties.
b. However, the answer would be different if Atty.
Reyes was medically attended for 12 days because such injury
is no longer considered as slight but less serious physical inju
ries under Art. 265 of the Revised Penal Code. In which case,
the crime of less physical injuries is not absorbed but can be
complexed with direct assault. So the crime committed is Di
re c t A ssault w ith Less S eriou s P h ysica l In ju ries.
Elements:
1. A person in authority or his agent is the victim of any of the
forms of direct assault defined in Article 148; . L,
2. A person comes to the aid of such authority or his agent; ,
3. Offender makes use of force or intimidation upon such, person
coming to the aid of the authority or his agent.
The offended party here is a private person who comes to the
aid of an agent of a person in authority. The agent of a person in
authority is assaulted and the private person goes to his aid. There
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 10 1
Chapter Four — Assault upon, and Resistance and
Disobedience to Persons in Authority and their Agents
Acts punished:
1. By refusing, without legal excuse, to obey summons of Con
gress, its special or standing committees and subcommittees,
the Constitutional commissions and its committees, subcom
mittees or divisions, or by any commission or committee chair
man or member authorized to summon witnesses;
2. By refusing to be sworn or place under affirmation while being
before such legislative or constitutional body or official;
3. By refusing 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;
4. By restraining another from attending as a witness in such
legislative or constitutional body;
5. By inducing disobedience to a summons or refusal to be sworn
by any such body or official.
102 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Illustrations:
1. Angelica, an actress refused to appear before the
Committee on laws of the House of Congress investigating the
alleged rampant use of drugs among movie and television per
sonalities despite receipt of summons. She did not bother to
give a legal or plausible explanation for her failure to appear.
Angelica is criminally liable for D is o b e d ie n ce to Sum m ons.
2. X prevented Y from appearing before the House of
Senate to shed light on the so called diversion o f public funds
of the city government of Iloilo. Y is in possession o f vital docu
ments to prove technical malversation. Y was restrained and
he failed to appear during the investigation. X is liable for Dis
obedience to Summons because he restra in ed another from
attending as a witness before the legislative body.
Direct assault (the second form) is committed in four ways, that is:
(1) B y attacking;
b o tt le . T h e p o lic e m a n d e m a n d e d th a t X s u rr e n d e rs b eca u se he
w a s c o m m it tin g a crim e . X r e s is te d a rre s t. E v e n tu a lly h e was
s u b d u e d a n d a rre s te d . X is lia b le fo r th e crim e o f Resistance
to an Agent o f a Person in Authority.
I — oOo —
i
CHAPTER FIVE
PUBLIC DISORDERS
106
TITLE THREE — CRIMES AGAINST PUBLIC ORDER
Chapter Five — Public Disorders 107
Acts punished:
1. Publishing or causing to be published, by means o f printing, li
thography or any other means of publication, as news any false
news which may endanger the public order; or cause dam age to
the interest or credit of the State;
2. e Encouraging disobedience to the law or to the constituted au
thorities or praising, justifying or extolling any act punishable
by law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before
they have been published officially;
4. Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear the
real printer’s name or which are classified as anonymous.
Illustrations:
1. Dominique printed a pamphlet containing acts of
. corruption in the government. Instead of w riting his true name
v he wrote “aprilblossoms” as the writer. W hat crime did Domi-\
nique commit? Why? f;
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 109
Chapter Five — Public Disorders
Answer:
Dominique committed Unlawful Use of Means of Pub
lication. Under the law, the crime can be comitted by any per
son who shall print, publish or distribute or cause to be
printed, published or distributed books, pamphlets, leaf
lets, or periodicals which do not bear the real printer's name.
The use of a fictitious name does not excuse him from violating
the law.
2. ACE publications published the result of the 2010
Bar Examinations without clearance from the Supreme Court.
What crime was committed?
Answer:
The crime of Unlawful Use of Means of Publication
was committed. The result of the Bar Examinations was pub
lished without proper authority.
3. X, a defeated mayoralty candidate, cannot accept
the verdict of a clean political judgment. He encouraged his
many supporters not to recognize the authority of the elected
mayor. He encouraged them not to pay their taxes. He praised
and justified the acts of those who have disobeyed the laws.
What crime did X commit? Why?
rf :T
Answer:
X committed Unlawful Utterances. He encouraged dis
obedience to the law or to the constituted authorities. He also
praised and justified acts punished by law. This is in accor
dance with paragraph 2 of Art. 154 of the Revised Penal Code.
Acts punished:
1. Discharging any firearm, rocket, firecracker, or other explosive
within a town or public place, calculated to cause alarm or dan
ger;
2. Instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility;
3. Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusements;
4. Causing any disturbance or scandal in public places while in
toxicated or otherwise.
Elements:
1. There is a person confined in jail or penal establishment;
2. The offender removes the person confined from such jail or pe
nal establishment or helps in the escape of such person.
Problem :
Rodrigo is confined in jail. Patricio, a friend of Rodrigo ap
proached Mauricio, the jail guard and offered him Php20,000.00
in exchange of the freedom of Rodrigo. Mauricio left the cell of
Rodrigo closed but unlocked. In the middle of the night, Ro
drigo noticed that his cell was not locked. Rodrigo took advan
tage thereof and escaped. Determine the criminal liabilities of
Patricio, Mauricio and Rodrigo.
Answer:
Patricio is liable for two crimes. He is liable for Corrup
tion o f Public Officer (Art. 212) because he bribed the jail
guard Mauricio in allowing the escape of Rodrigo. He is also
liable for Delivery o f Prisoner from Jail because he caused
or helped in the escape of Rodrigo.
Mauricio, the jail guard is also liable for tw o crimes.
He is liable for Direct Bribery (Art. 210) because he re
ceived something in consideration of the performance of an act
amounting to a crime. He is also liable for Infidelity in the
Custody o f Prisoner (Art. 223) because he consented in the
escape of the prisoner under his custody or charge.
With respect to Rodrigo, his liability depends on the fol
lowing:
If he is convict serving sentence, he is liable for Eva
sion o f Service o f Sentence (Art. 157). But if he is only a
detention prisoner, the answer is it depends. If he knew
the plan of Patricio and Mauricio to allow him to escape, he
is liable for Delivery o f Prisoner from Jail as principal
by indispensable cooperation. If he was not aware of the
plan, he is not liable. There is no law punishing that act.
oOo —
CHAPTER SIX
Elements:
1. The offender is serving sentence by final judgment;
2. He evades service of sentence.
Three kinds of evasion of service of sentence:
1. Evasion of service of sentence (Art. 157);
2. Evasion of service of sentence on the occasion of a disorder or
other calamities (Art. 158);
3. Violation of conditional pardon (Art. 159).
Qualifying circumstances that increase the penalty in evasion of
service of sentence:
If the evasion is:
1. By means of unlawful entry;
3. By using picklocks, false keys, disguise, deceit, violence or in
timidation;
4. Through connivance with other convicts or employees of the
penal institution.
113
114 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
P roblem :
Vanessa was convicted of Concubinage by a Baguio City
court where the crime was committed. She was found guilty
by the court and was sentenced to suffer the penalty of desti-
erro (six months and one day to 6 years). Accordingly, she was
banished to a distance of 250 kilometers radius from the place
where the crime was committed. After one year, she went back
to Baguio City and was arrested. What crime did she commit?
Why?
A nsw er:
She committed Evasion o f S ervice o f Sentence. Un
der Art. 87 of the Revised Penal Code, a person sentenced to
destierro is not permitted to enter the place designated in the
sentence, nor within the radius of not more than 250 and not
less than 25 kilometers from the place designated. She violated
the law.
^^Contrary to the belief of many law students, destierro is
a penalty which constitutes deprivation of liberty. Therefore,
if the person sentenced to suffer the said penalty shall evade
sentence, he is liable for Evasion of Service of Sentence. (People
v. Abiong, 82 Phil. 174)
Query:
What if the sentence evaded is destierro, what will be the
penalty to be imposed by you if you were a judge? .. o
Answer:
The convict cannot be punished with a penalty higher
than destierro. He cannot be punished with the penalty of im
prisonment because this penalty is heavier than destierro. I
will sentence her to destierro. (People v. Ponce de Leon, 56 Phil.
886) The penalty for destierro cannot be more severe than the
penalty evaded.
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 115
Chapter Six — Evasion o f Service of Sentence
What if the prisoner serving sentence returned to jail not long after
he escaped?
Elements:
1. Offender is a convict by final judgment who is confined in a
penal institution;
2. There is a disorder resulting from;
a. conflagration;
b. earthquake;
c. explosion;
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades service of sentence by leaving the penal institution
on the occasion of such disorder or during the mutiny; : ’
4. He fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.
116 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
Elements:
1. Offender is a convict;
2. He was granted pardon by the Chief Executive;
3. He violated any of the conditions of the pardon?
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 117
Chapter Six — Evasion of Service of Sentence
118
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 119
Chapter Seven — Commission o f Another Crime During Service
of Penalty Imposed for Another Previous Offense
A nsw er:
Yes, X is a quasi recidivist. Before serving sentence, he
committed Attempted Homicide, a felony.
2. X was convicted of Homicide. While serving sen
tence, he committed Robbery. Is he a quasi recidivist?
A n sw er:
Yes, X is a quasi recidivist. While serving sentence, he
committed Robbery, a felony.
3. X was convicted of Falsification. While serving sen
tence, X committed Violation o f the Drugs Law. Is X a quasi
recidivist?
A nsw er:
No, he is not a quasi recidivist. While serving sen
tence, he committed a crime, a violation of the drugs law.
What the law provides is that before serving sentence or while
serving sentence, the convict must commit a felony.
4. X was convicted of Illegal recruitment. Before serv
ing sentence, he committed Murder. Is X a quasi recidivist?
A nsw er :
Yes, X is a quasi recidivist. Before serving sentence,
he committed Murder, a felony. The nature of the first offense
does not matter. Whether it is a felony or a crime is of no mo
ment. What determines quasi recidivism is that before serving
sentence or while serving sentence, the convict must commit a
felony. If he commits a crime and not a felony before or while
serving sentence, he is not a quasi recidivist.
5. X was convicted of Illegal Possession of firearm.
While serving sentence, X committed a Violation o f BP 22, a
special law. Is X a quasi recidivist?
A nsw er:
No, X is not a quasi recidivist. While serving sentence,
X committed a crime and not a felony.
Note:
If the convict reaches the age of 70, he shall be pardoned if
he shall have already served out his original sentence or when
he shall have completed it after reaching 70 years of age pro
vided he is not a habitual criminal and provided further, that
he is not by reason of his conduct be worthy of such clemency.
— oOo —