THINGS TO REMEMBER

ARTICL E NO.

ARTICLE TITLE -

IMPT. NOTES Two modes of committing the crime: 1) levying war against the Philippines. 2) adhering to the enemies by giving aid and comfort. - Crime in time of war where Philippines is involved - Two ways of proving: 1) atleast two witnesses 2) confession of accused in an open court - Can be committed by a Filipino or foreigner Example: Makapili during Japanese occupation Prostitutes during Japenese occupation (boosting moral) Atleast two comes to an agreement They decide to commit it

114

TREASON

115

CONSPIRACY AND PROPOSAL TO COMMIT TREASON

116

MISPRISION OF TREASON

117 118 119 120

ESPIONAGE INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. VIOLATION OF NEUTRALITY CORRESPONDENCE WITH HOSTILE COUNTRY FLIGHT TO ENEMYS

Has knowledge of conspiracy to commit treason but conceals and does not disclose as soon as possible. - Can only be commited by a Filipno - When it comes to security of the state, blood relationship is always subservient to national security. Example: Priest not guilty if someone confessed of treason (privilege communication) - Entering without authority any warship, fort or naval or military establishment to obtain any information Example: on placards Crucify Singaporeans

121

There is war where Philippines is not involved A regulation was issued by a competent authority (not just mayor) War involving Philippines Correspondence: interchange of written communication; letters useful to enemy Liable even if love letters War where Philippines is involved

COUNTRY 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS

123 124

QUALIFIED PIRACY ARBITRARY DETENTION

125

126

DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES DELAYING RELEASE

127

EXPULSION

128

VIOLATION OF DOMICILE SEARCH WARRANT MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

129

Going to enemys country prohibit by government Mere attempt is punishable Attacking or seizing the vessel by st4rangers not crew members High seas: beyond 12 nautical miles P.D. 532 THE ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 Mutiny: unlawful resistance to a superior officer Simple piracy: told without boarding to give their property Accompanied by murder or homicide R.A. 6235 ANTI HI-JACKING LAW 1. aircraft is in flight - Public officer or employee detains a person without legal grounds - Not all public officers are covered - Illegal detention: if private individual (can be committed by public officer if acting in his private capacity) - 12 hours light penalties; 18 hours for correctional penalties; 36 hours for afflictive or capital penalties. Three days if terrorism Example: Arrested at Friday 6pm. No arbitrary detention, insuperable cause because no fiscal during weekend. - Judicial or executive orders were disregarded by police officers, jail wardens and the like. - Expelling a person from the Philippines; compelling to change in residence - Committed by a public officer; if private person: grave coercion - Can not compel even if good intention - Applicable to aliens also - Public officer Entering dwelling against will of owner - Refusing to leave premises after having told - If private individual: trespass to dwelling Example: 12mn police officer entering house - Search warrant should be specific - Not illegally obtained because no probable cause - Exceeded authority/severity in executing a search warrant right name, address and other info - Search warrant: not an excuse to commit destruction Example: Search warrant for drugs for personal enemy

130

SEARCHING DOMICILE

WITHOUT WITNESS 131 132 133 PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS INTERRUPTION OF RELIGIOUS WORSHIP OFFENDING RELIGIOUS WORSHIP REBELLION OR INSURRECTION

No permit to rally may dissolve No peaceful meeting can be dissolved

134

135

SEDITION

Offender is a public officer or employee Religious ceremonies are disturbed or is prevented Should be notoriously offensive Liable even if outside the church like in pabasa, processions etc. Intent to mock Public uprising and taking arms against the government Remove allegiance with the government Aims to overthrow government No complex crime, inherent in rebellion already INSURRECTION: effect some change only R.A. 1700 ANTI SUBVERSION LAW Belongs to the military or police or holding public office Swift attack with violence, intimidation, threat, strategy or stealth. Aims to diminish state power; paralyze through seizure of facilities and utilities etc essential in exercise of governmental powers R.A. 6968 COUP D ETAT ACT

136 137 138 139 140 141 142

CONSPIRACY TO COMMIT REBELLION DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES INCITING TO REBELLION OR INSURRECTION SEDITION PENALTY FOR SEDITION CONSPIRACY TO COMMIT SEDITION INCITING TO SEDITION ACTS TENDING TO PREVENT THE MEETING OF THE Rise public and tumultuously Preventing from executing authority Hate or revenge against private persons or social class or public officer No sedition unless more than three persons Failing to resist rebellion by all the means in their power Accepting appointment to office under them

Does not take part but incites others to the accomplishment

143 144 145 146 147 148

CONGRESS OF THE PHILIPPINES AND SIMILAR BODIES DISTURBANCE OF PROCEEDINGS VIOLATION OF PARLIAMENTARY IMMUNITY ILLEGAL ASSEMBLIES ILLEGAL ASSOCIATIONS DIRECT ASSAULT

Disturbs or behaves in a manner of interrupting the proceeding With force, threats or fraud so as to prevent member of congress to attend meetings, expressing opinion or casting vote Arresting member of Congress while in regular or special session unless crime committed is higher than prision mayor Meeting by armed persons for purpose of committing a crime under this code Act of forming or organizing membership No need for actual meeting Contrary to public morals Force or intimidation any person in authority or his agent Included: on the occasion due to past performance Can be complexed with other crimes but absorbs lighter felony Authority must not be retired or suspended Person comes to the aid of such authority or his agent. No indirect assault when there is no direct assault. Refusing without legal excuse to obey summons of Congress, answer any legal inquiry, restraining another from attending as a witness, refusing to be sworn or placed under affirmation

149 150

INDIRECT ASSAULT DISOBEDIENCE TO SUMMONGS ISSUED BY CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES SUBCOMMITTEES OR DIVISIONS RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON WHO ARE PERSONS IN AUTHORITIY TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER UNLAWFUL MEANS OF

151

Resisting arrest

152 153 154

creating public disorder

Example: naghahamon ng away - false news that may endanger public order or cause damage to the

PUBLICATION AND UNLAWFUL UTTERANCES

155

ALARMS AND SCANDALS

156

DELIVERING PRISONERS FORM JAIL

157 158

159 160

161

162

EVASION OF SERVICE OF SENTENCE EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATION, EARTHQUAKES, OR OTHER CALAMITIES OTHER CASES OF EVASION OF SERVICE OF SENTENCE COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAM

interest or credit of the State R.A. 248 PROHIBITS THE REPRINTING, REPRODUCTION OR REPUBLICATION OF GOVERNMENT PUBLICATIONS AND OFFICIAL DOCUMENTS WITHOUT PREVIOUS AUTHORITY Example: Created a text message that sec. de lima is dead which is untrue - Discharging firearm, rocket, firecracker or other explosive in public which caused alarm of danger - Act offensive to tranquility - If annoyance is intended for a particular person: unjust vexation - P.D. 1727 BOMB JOKES - Assisting escape - Detention prisoner vs. prisoner with final judgement no liability if escaped vs. evasion of sentence - If custodian helped in escape infidelity in the custody of prisoners - P.D. 1829 Also committed when Art. 156, 223, 224 is committed - Convict by final judgment then escaped - Even in destierro where offender is prohibited - If he fails to give himself up after 48 hours of passing away of calamity: +1/5 of the remaining period of sentence. If went back, -1/5 - Even in destierro -

Violation of conditional pardon recidivismsame title quasi recidivismwhile serving of sentence committed another crime reiteracionequal or higher penalty habitual delinquent4th, 5th additional penalties within 10 years after third crime is committed

163 164 165 166

MAKING AND IMPORTING AND UTTERING FALSE COINS MUTILATION OF COINS SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYALBE TO BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORFED NOTES AND DOCUMENTS COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTE AND OTHER INSTRUMENTS OF CREDIT HOW FORGERY IS COMMITTED FALSIFICATION OF LEGISLATIVE DOCUMENTS FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED

Diminishing proper metal contents of coin; intrinsic value of the coin is reduced Only coin of legal tender

167

168

169 170 171

Applies to papers in the form of obligations and securities issued by the government Counterfeiting: refers to money whether coins or bills

172 173

174

175 176

177 178 179 180 181 182 183 184 185 186 187

MESSAGES FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC. USING FALSE CERTIFICATES MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS USING FICTITIOUS NAME AND CONCEALING TRUE NAME ILLEGAL USE OF UNIFORMS AND INSIGNIA FALSE TESTIMONY AGAINST A DEFENDANT FALSE TESTIMONY IN FAVOR OF THE DEFENDANT FALSE TESTIMONY IN CIVIL CASES FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION OFFERING FALSE TESTIMONY IN EVIDENCE MACHINATIONS IN PUBLIC AUCTIONS MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OF THEIR ALLOYS

188

189

190-94 195 196

197 198 199 200 201

202

SUBSTITUTING AND ALTERING TRADEMARKS, TRADE NAMES OR SERVICE MARKS UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE NAME, TRADEMARK OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN AND FALSE DESCRIPTION R.A. 6425 OF 1972 R.A. 9165 OF 2002 ACTS PUNISHABLE IN GAMBLING IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS BETTING IN SPORT CONTESTS ILLEGAL BETTING ON HORSE RACE ILLEGAL COCKFIGHTING GRAVE SCANDAL IMMORAL DOCTRINES, OBSENCE PUBLICATIONS AND EXHIBIITONS AND INDECENT SHOWS VAGRANTS AND PROSTITUTES

In public view