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1

Book 2
Crimes and Penalties:

Title 1-Crimes Against National Security and the Law of Nations
Title 2-Crimes Against the Fundamental Law of the State
Title 3-Crimes Against Public Order
Title 4-Crimes Against Public Interest
Title 5-Crimes Relative to Opium and other Prohibited Drugs
Title 6-Crimes Against Public Morals
Title 7-Crimes Committed by Public Officers
Title 8-Crimes Against Persons
Title 9-Crimes Against Personal Liberty and Security
Title 10-Crimes Against Property
Title 11-Crimes Against Chastity
Title 12-Crimes Against the Civil Status of Persons
Title 13 Crimes Against Honor
Title 14 Quasi-Offenses

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CRIMES AGAINST NATIONAL SECURITY

Art. 114-Treason
Art. 115-Conspiracy and Proposal to Commit Treason
Art. 116-Misprision of Treason
Art. 117-Espionage

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1. That the offender owes allegiance to the government of the Philippines;
2. That there is war in which the Philippines is involved;
3. That the offender either-
a) levies war against the government, or
b) adheres to the enemy, giving them aid or comfort

Elements of Art. 114-Treason

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is defined as a breach of allegiance to a government committed by a citizen or by an alien temporarily residing in the country. It can only be committed during war time.

Treason

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means that there is an actual assembling of men for the purpose of executing a treasonable design by force.
This must be in collaboration with a foreign enemy.

Levies war
Levying war

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means a citizen or alien temporarily residing in the country intellectually or emotionally favors the enemy and harbors sympathies or conviction disloyal to the country’s policy or intent.

Adherence to the enemy

7

The requirement to prove the covert act or giving aid or comfort to the enemy.

The testimony of two persons

8

exists when two or more come to an agreement to commit Treason and decided to commit it.

Conspiracy to commit Treason

9

exists when a person who is decided to commit Treason proposes its execution to some other person or persons.

Proposal to Commit Treason

10

must have been done during war time.

Conspiracy and Proposal to commit Treason

11

does not apply in Conspiracy and Proposal to commit Treason.

The two-witness rule

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1. That the offender must be owing allegiance to the government, and not being a foreigner;
2. That he has knowledge of any conspiracy to commit treason against the government.
3. That he conceals or does not disclose and make known the same as soon as possible to the governor or prosecutor of province or the mayor or prosecutor of the city in which he resides.

Elements of Art. 116-Misprision of Treason

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cannot be committed by resident alien.

Misprision of Treason

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1. By entering, without authority therefor, a warship, fort, or naval establishment or reservation to obtain any information, plans, photograph or other data of confidential nature relative to the defense of the country.

First way of committing Art. 117-Espionage

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2. By disclosing to the representative of the foreign nation the contents of the article, data or information referred to in paragraph above, which he had in possession by reason of the public office he holds.

Second way of committing Art. 117-Espionage

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The offender must have the intention to obtain information relative to the defense of the country.

Espionage Law-C.A. No. 616

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Distinction Between Treason and Espionage:

Treason is committed only in time of war, while Espionage can be committed both in time of peace and of war.

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Crimes Against the Law of Nations:

Art. 122-Piracy
Art. 123-Qualified Piracy

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By attacking or seizing a vessel in Philippine waters;
By seizing in the vessel while on Philippine waters, the whole or part of its cargo, its equipment or personal belongings of its crews or passengers.

Two ways of committing Art. 122-Piracy

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is defined as robbery or forcible depravation on the high seas, without lawful authority and done with animus furandi and in the spirit of universal hostility.

Piracy

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Attackers are strangers to the vessel. Intent to gain is required

Piracy

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Offenders are passengers or members of the crew. Intent to gain is not essential

Mutiny

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This amends the Piracy Law and defines seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things or other unlawful means committed on Philippine Highway is Brigandage (Robbery on highway).

P.D. NO. 532-Anti-Piracy and Anti-Highway Robbery Law of 1974:

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is a robbery on the highway committed by any person.

Brigandage

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Crime and penalty
a) Whenever they have seized a vessel by boarding or firing upon the same;
b) Whenever the pirates have abandoned their victims without means of saving themselves; or
c) Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Art. 123-Qualified Piracy:
The penalty of Reclusion Perpetua to death shall be imposed

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CRIMES AGAINST THE FUNDANIENTAL LAWS OF THE STATE

Art. 124-Arbitrary Detention and Expulsion
Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority
Art. 128-Violation of Domicile
Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained
Art. 130-Searching Domicile Without Witnesses
Art. 131-Prohibition, Interruption and Dissolution of Peaceful Meetings
Art. 132-Interruption of Religious Worship
Art. 133-Offending the Religious Feelings

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Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.

Art. 124-Arbitrary Detention and Expulsion:

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Elements:
1. That the offender is a public officer or employee;
2.That he has detained a person;
3. That he fails to deliver said person to the proper judicial authorities within:
a. 12 hours for crimes punishable with light penalties.
b. 18 hours for crimes punishable with correctional penalties.
c. 36 hours for crimes punishable with afflictive or capital penalties.

Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority:

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In Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority, If the offender is a private person, the crime is ____

illegal detention

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In _____, the detention was without legal ground as the detained person was not legally arrested; while,
in _____, the detention was with legal ground as when the arrested while doing the crime or was about to commit the crime or the crime has just been committed, BUT the filing of the case against the subject is beyond the period allowed or prescribed by law or no case has been filed against the said person.

Art. 124
Art. 125