Title One TREASON
CRIMES AGAINST NATIONAL SECURITY AND
THE LAW OF NATIONS
Crimes against national security
1. Treason. (Art. 114)
2. Conspiracy and proposal to commit treason. (Art.
115)
3. Misprision of treason (Art. 116)
4. Espionage (Art. 117)
Crimes against the law of nations
1. Inciting to war or giving motives for reprisals (Art.
118)
2. Violation of neutrality (Art. 119)
3. Correspondence with hostile country. (Art. 120)
4. Flight to enemy’s country. (Art. 121)
5. Piracy in general and mutiny on the high seas or in
Philippine waters. (Art. 122)
Chapter One
CRIMES AGAINST PUBLIC SECURITY
Section One. – Treason and espionage
Art. 114. Treason. – Any Filipino citizen
who levies war against the Philippines or adheres
to her enemies, giving them aid or comfort within
the Philippines or elsewhere, shall be punished
by reclusion perpetua to death and shall pay a fine
not to exceed Four million pesos (₱4,000,000).
No person shall be convicted of treason
unless on the testimony of two (2) witnesses at
least to the same overt act or on confession of the
accused in open court.
Likewise, an alien residing in the
Philippines, who commits acts of treason as
defined in paragraph 1 of this article shall be
punished by reclusion temporal to death and shall
pay a fine not to exceed Four million pesos
(₱4,000,000).
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
- a breach of allegiance to the government,
committed by a person who owes allegiance to it
- a continuous offense
- the proper penalty of treason is determined by the
amount or degree of aid or comfort given to the
enemy as well as the gravity of the separate and
distinct acts of treason committed by the accused
WAYS OF PROVING TREASON
1. Testimony of two witnesses, at least, to the same
overt act; or
2. Confession of the accused in open court
DEFENSE IN TREASON
1. Lawful obedience to a de facto government
2. Defense of duress or uncontrollable fear
ALLEGIANCE
- the obligation of fidelity and obedience which the
individuals owe to the government under which
they live or to their sovereign, in return for the
protection they receive
- either permanent allegiance (consists in the
obligation of fidelity and obedience which a citizen
or subject owes to his government or sovereign)
or temporary allegiance (obligation of fidelity and
obedience which a resident alien owes to our
government)
ADHERENCE TO THE ENEMY
- intent to betray
- there is “adherence to the enemy” when a citizen
intellectually or emotionally favors the enemy and
harbours sympathies and convictions disloyal to
his country’s policy or interest
- when the positions to which the accused was
appointed were not only highly responsible
positions but also policy-determining, the
acceptance of public office and discharge of official
duties constitute treason
- may be proved:
1. by one witness;
2. from the nature of the act itself; or
3. from the circumstances surrounding the act
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AID or COMFORT
- an act which strengthens or tends to strengthen
the enemy in the conduct of war against the
traitor’s country and an act which weakens or
tends to weaken the power of the traitor’s country
to resist or to attack the enemy
- includes acts such as furnishing the enemy with
arms, troops, supplies, information, or means of
transportation
- to be treasonous, the extent of the aid and comfort
given to the enemies must be to render assistance
to them as enemies and not merely as individuals
and be directly in furtherance of the enemies’
hostile designs
- aid or comfort given must be after the declaration
of war
- must be intentional
- specific acts:
1. Serving as informer and active member of the
Japanese Military Police, arresting guerilla
suspects in an attempt to suppress the
underground movement. (People v. Fernando,
79 Phil. 719)
2. Serving in the Japanese Army as agent or spy
and participating in the raid of guerilla hideout.
(People v. Muńoz, et.al., 79 Phil. 702)
3. Acting as “finger woman” when a barrio was
“zonified” by the Japanese, pointing out to the
Japanese several men whom she accused as
guerrillas. (People v. Nuńez, 85 Phil. 448)
4. Taking active part in the mass killing of
civilians by the Japanese soldiers by personally
tying the hands of the victims. (People v.
Canibas, 85 Phil. 469)
ELEMENTS OF TREASON:
1. That the offender is a Filipino citizen or an alien
residing in the Philippines;
- treason by a Filipino citizen can be committed
anywhere
- treason by a resident alien must be
committed in the Philippines only
2. That there is a war in which the Philippines is
involved.
3. That the offender either –
a. levies war against the Government, or
- requires the concurrence of two things: (1)
that there be an actual assembling of men;
and (2) for the purpose of executing a
treasonable design by force.
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
- not necessary that there be a formal
declaration of the existence of a state of
war
- must be with the intent to overthrow the
government as such, not merely to resist a
particular statute or to repel a particular
officer
b. adheres to the enemies, giving them aid or
comfort.
- must concur together
- giving information to, or commandeering
foodstuff for, the enemy is evidence of both
adherence and aid or comfort
MODIFIED ELEMENTS:
 Levying war is merely a civil uprising =
REBELLION under Article 135 in relation to
Article 134.
 Mere internal conflict/ causing disturbance in the
country = SEDITION
INHERENT CIRCUMSTANCES
 Treachery, abuse of superior strength, evident
premeditation; conspiracy/proposal to commit
treason
AGGRAVATING CIRCUMSTANCES
 Ignominy, cruelty
Art. 115. Conspiracy and proposal to
commit treason – Penalty. – The conspiracy or
proposal to commit the crime of treason shall be
punished respectively, by prisión mayor and a
fine not exceeding Two million pesos
(₱2,000,000), and prisión correccional and a fine
not exceeding One million pesos (₱1,000,000).
ELEMENTS OF CONSPIRACY TO COMMIT TREASON:
1. Committed when in time of war;
2. There are two or more persons;
3. Come to an agreement to levy war against the
Government or to adhere to the enemies and to
give them aid or comfort; and
4. Decide to commit it
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ELEMENTS OF PROPOSAL TO COMMIT TREASON:
1. Committed when in time of war;
2. A person who has decided to levy war against the
Government or adhere to the enemies and to give
them aid or comfort;
3. Proposes its execution to some other person or
persons
- even if not accepted by the other person
 The two-witness rule does not apply to conspiracy
or proposal to commit treason.
Art. 116. Misprision of treason. – Every
person owing allegiance to (the United States or)
the Government of the Philippine Islands, without
being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does
not disclose and make known the same, as soon
as possible, to the governor or fiscal of the
province, or the mayor or fiscal of the city in
which he resides, as the case may be, shall be
punished as an accessory to the crime of treason.
ELEMENTS OF MISPRISION OF TREASON:
1. That the offender must be owing allegiance to the
Government and not 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 fiscal of the province or the mayor or
fiscal of the city in which he resides.
 Article 116 does not apply when the crime of
treason is already committed by someone and the
accused does not report its commission to the
proper authority.
 Article 116 is an exception to the rule that mere
silence does not make a person criminally liable.
Art. 117. Espionage. – The penalty of
prision correccional shall be inflicted upon any
person who:
1. Without authority therefor, enters
a warship, fort, or naval or military establishment
or reservation to obtain any information, plans,
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
photographs, or other data of a confidential
nature relative to the defense of the Philippine
Archipelago; or
2. Being in possession, by reason of
the public office he holds, of the articles, data, or
information referred to in the preceding
paragraph, discloses their contents to a
representative of a foreign nation.
The penalty next higher in degree shall be
imposed if the offender be a public officer or
employee.
ESPIONAGE
- the offense of gathering, transmitting, or losing
information respecting the national defense with
intent or reason to believe that the information is
to be used to the injury of the Republic of the
Philippines or to the advantage of any foreign
nation
- may be committed both in time of peace and in
time of war
TWO WAYS OF COMMITTING ESPIONAGE:
1. By entering, without authority therefor, a warship,
fort, or naval or military establishment or
reservation to obtain any information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
- the offender must have the intention to
obtain information relative to the defense of
the Philippines to be liable
- the offender is any person, whether a citizen
or a foreigner, a private individual or a
public officer
ELEMENTS OF ESPIONAGE UNDER PARAGRAPH 1:
a. That the offender enters any of the places
mentioned therein;
b. That he has no authority therefor;
c. That his purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
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2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in paragraph no. 1 of
Article 117, which he had in his possession by
reason of the public office he holds.
ELEMENTS OF ESPIONAGE UNDER PARAGRAPH 2:
a. That the offender is a public officer;
b. That he has in his possession the articles, data or
information referred to in paragraph no. 1 of
Article 117, by reason of the public office he holds;
c. That he discloses their contents to a
representative of a foreign nation.
Section Two. – Provoking war and disloyalty
in case of war
Art. 118. Inciting to war or giving motives
for reprisals. – The penalty of reclusion temporal
shall be imposed upon any public officer or
employee, and that of prision mayor upon any
private individual, who, by unlawful and
unauthorized acts, provokes or gives occasion for
a war involving or liable to involve the Philippine
Islands or exposes Filipino citizens to reprisals on
their persons or property.
ELEMENTS IF INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS:
1. That the offender performs unlawful or
unauthorized acts;
2. That such acts provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their
persons or property.
 To be liable for inciting to war or giving motives
for reprisals, the intention of the accused is
immaterial.
 The crime of inciting to war or giving motives for
reprisals is committed in time of peace.
Art. 119. Violation of neutrality. – The
penalty of prision correccional shall be inflicted
upon anyone who, on the occasion of a war in
which the Government is not involved, violates
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
any regulation issued by competent authority for
the purpose of enforcing neutrality.
NEUTRALITY
- A nation of power which takes no part in a contest
of arms going on between others is referred to as
neutral.
ELEMENTS:
1. That there is a war in which the Philippines is not
involved;
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.
Art. 120. Correspondence with hostile
country. – Any person, who in time of war, shall
have correspondence with an enemy country or
territory occupied by enemy troops shall be
punished:
1. By prision correccional, if the
correspondence has been prohibited by the
Government;
2. By prision mayor, if the
correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or
information be given thereby which might be
useful to the enemy. If the offender intended to
aid the enemy by giving such notice or
information, he shall suffer the penalty of
reclusion temporal to death.
CORRESPONDENCE
- communication by means of letters; or it may refer
to the letters which pass between those who have
friendly or business relations
ELEMENTS OF CORRESPONDENCE WITH HOSTILE
COUNTRY:
1. That it is in time of war in which the Philippines is
involved;
2. That the offender makes correspondence with an
enemy country or territory occupied by enemy
troops;
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3. That the correspondence is either –
a. prohibited by the Government, or
b. carried in ciphers or conventional signs, or
c. containing notice or information which might
be useful to the enemy.
MODIFIED ELEMENTS:
 If correspondence contains innocent matters but
is prohibited by the Government = ART. 120
 If the offender intended to aid the enemy by giving
such notice or information = TREASON
Art. 121. Flight to enemy’s country. – The
penalty of arresto mayor shall be inflicted upon
any person who, owing allegiance to the
Government, attempts to flee or go to an enemy
country when prohibited by competent authority.
ELEMENTS OF FLIGHT TO ENEMY’S COUNTRY:
1. That there is a war in which the Philippines is
involved;
2. That the offender must be owing allegiance to the
Government;
- allegiance is either permanent or temporary
3. That the offender attempts to flee or go to enemy
country;
4. That going to enemy country is prohibited by
competent authority.
Section Three. – Piracy and mutiny on the
high seas or in Philippine waters
Art. 122. Piracy in general and mutiny on
the high seas or in Philippine waters. – The
penalty of reclusion perpetua 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 of its complement nor a
passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal
belongings of its complement or passengers.
The same penalty shall be inflicted in case
of mutiny on the high seas or in Philippine
waters.
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
PIRACY
- robbery or forcible depredation on the high seas,
without lawful authority and done with animo
furandi and in the spirit and intention of universal
hostility
- persons who attacked the vessel or seize its cargo
are strangers
MUTINY
- the unlawful resistance to a superior officer, or the
raising of commotions and disturbances on board
a ship against the authority of its commander
- persons who attacked the vessel or seize its cargo
are members of the crew or passengers
HIGH SEAS
- parts of the seas that are not included in the
exclusive economic zone, in the territorial seas, or
in the internal waters of a state, or in the
archipelagic waters of an archipelagic state
(Convention on the Law of the Sea)
PHILIPPINE WATERS
- shall refer to all bodies of water. Such as but not
limited to, seas, gulfs, bays around, between and
connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters
belonging to the Philippines by historic or legal
title, including territorial sea, the sea-bed, the
insular shelves, and other submarine areas over
which the Philippines has sovereignty or
jurisdiction
VESSEL
- any vessel or watercraft used for transport of
passengers and cargo from one place to another
through Philippine waters
- shall include all kinds and types of vessels or boats
used in fishing
MODES OF COMMITTING PIRACY
1. By attacking or seizing a vessel on the high seas or
in Philippine waters;
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2. By seizing in the vessel while on the high seas or
in Philippine waters the whole or part of its cargo,
its equipment or personal belongings of its
complement or passengers.

Art. 123. Qualified piracy. – The penalty of

reclusion perpetua to death shall be imposed
upon those who commit any of the crimes
referred to in the preceding article, under any of
the following circumstances:

1. Whenever they have seized a vessel

by boarding or firing upon the same;
2. Whenever the pirates have
abandoned their victims without means of saving
themselves; or
3. Whenever the crime is
accompanied by murder; homicide, physical
injuries, or rape.

 Qualified piracy is a special complex crime

punishable by reclusion perpetua to death,
regardless of the number of victims.
 Any person who aids or protects pirates or abets
the commission of piracy shall be considered as an
accomplice.

CRIMINAL LAW II notes of TRVG

Summary of Revised Penal Code by Luis B. Reyes Page 6
 Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION,
VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP
Section One. – Arbitrary detention and
expulsion
Art. 124. Arbitrary Detention. – Any public
officer or employee who, without legal grounds,
detains a person, shall suffer:
1. The penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period, if the detention has not
exceeded three days;
2. The penalty of prision correccional in its
medium and maximum periods, if the detention
has continued more than three but not more than
fifteen days;
3. The penalty of prision mayor, if the
detention has continued for more than fifteen
days but not more than six months; and
4. That of reclusion temporal, if the
detention shall have exceeded six months.
The commission of a crime, or violent
insanity or any other ailment requiring the
compulsory confinement of the patient in a
hospital, shall be considered legal grounds for the
detention of any person.
DETENTION
- the actual confinement of a person in an
enclosure, or in any manner detaining and
depriving him of his liberty
ELEMENT OF ARBITRARY DETENTION
CRIMINAL LAW II notes of TRVG
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1. That the offender is a public officer or employee.
- must be vested with authority to detain or
order the detention of persons accused of a
crime, but when they detain a person they
have no legal grounds therefor
2. That he detains a person.
3. That the detention is without legal grounds.
MODIFIED ELEMENTS
 The offender is a private individual = ILLEGAL
DETENTION
 The offender is a public officer not in duty =
UNLAWFUL ARREST
 If private individual conspired with public officers
in detaining a person = ARBITRARY DETENTION
 Feigned to arrest a person without any legal cause
to deliver him to authorities =UNLAWFUL ARREST
“WITHOUT LEGAL GROUNDS”
- The detention of a person is without legal ground:
(1) when he has not committed any crime or, at
least, there is no reasonable ground for suspicion
that he has committed a crime; or (2) when he is
not suffering from violent insanity or any other
ailment requiring compulsory confinement in a
hospital.
LEGAL GROUNDS FOR THE DETENTION OF ANY
PERSON
a. The commission of a crime;
b. Violent insanity or any other ailment requiring
compulsory confinement of the patient in a
hospital
WARRANTLESS ARREST
A peace officer or a private person may,
without a warrant, arrest a person:
a. When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense;
b. When an offense has in fact just been committed,
and he has probable cause to believe based on
personal knowledge of facts and circumstances
that the person to be arrested has committed it;
and
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c. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.
PROBABLE CAUSE
- such facts and circumstances which could lead a
reasonable discreet and prudent man to believe
that an offense has been committed and that the
object sought in connection with the offense are in
the place sought to be searched
- must be within the personal knowledge of the
complainant or the witnesses he may produce and
not based on mere hearsay
 In arbitrary detention under Article 124, the
detention is illegal from the beginning.
 No reasonable ground if officer only wants to
know the commission of a crime.
 The crime of arbitrary detention can be committed
through imprudence.
 The law does not fix any minimum period of
detention.
Art. 125. Delay in the delivery of detained
persons to the proper judicial authorities. – The
penalties provided in the next preceding article
shall be imposed upon the public officer or
employee who shall detain any person for some
legal ground and shall fail to deliver such person
to the proper judicial authorities within the
period of: twelve (12) hours, for crimes or
offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or
their equivalent; and thirty-six (36) hours, for
crimes or offenses punishable by afflictive or
capital penalties, or their equivalent.
In every case, the person detained shall be
informed of the cause of his detention and shall
be allowed, upon his request, to communicate
and confer at any time with his attorney or
counsel.
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
JUDICIAL AUTHORITIES
- the courts of justice or judges of said courts vested
with judicial power to order the temporary
detention or confinement of a person charged
with having committed a public offense, that is,
the “Supreme Court and such inferior courts as
may be established by law.”
ELEMENTS OF DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal
ground;
3. That he fails to deliver such person to the proper
judicial authorities within:
a. twelve hours, for crimes or offenses punishable
by light penalties, or their equivalent; or
b. eighteen hours, for crimes or offenses
punishable by correctional penalties, or their
equivalent; or
c. thirty-six hours, for crimes or offenses
punishable by afflictive or capital penalties, or
their equivalent.
- The delivery to the judicial authority of a
person arrested without warrant by a peace
officer, does not consist in a physical
delivery, but in making an accusation or
charge or filing of an information against the
person arrested with the corresponding
court or judge, whereby the latter acquires
jurisdiction to issue an order of release or of
commitment of the prisoner, because the
arresting officer cannot transfer to the judge
and the latter does not assume the physical
custody of the person arrested.
MODIFIED ELEMENTS
 If the offender is a private person = ILLEGAL
DETENTION
 In arbitrary detention under Article 125, the
detention is legal in the beginning but the illegality
of the detention starts from the expiration of any
of the periods of time specified in Article 125,
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 without the detained prisoner detained having
been delivered to the proper judicial authority.
 Article 125 does not apply when the arrest is by
virtue of a warrant of arrest.
- If the arrest is made with a warrant of
arrest, the person arrested can be detained
indefinitely until his case is decided by the
court or he posts a bail for his temporary
release.
 Duty of detaining officer is deemed complied with
upon the filing of the complaint with the judicial
authority.
 Where a judge is not available or no charge is filed
by the fiscal, the arresting officer is duty-bound to
release a detained person, if the maximum hours
for detention provided under Article 125 of the
R.P.C. has already expired.
 Violation of Article 125 does not affect legality of
confinement under process issued by a court.
CIRCUMSTANCES CONSIDERED IN DETERMINING
LIABILITY OF OFFICER DETAINING A PERSON
BEYOND LEGAL PERIOD
1. Means of communication
2. The hour of arrest
3. Other circumstances such as the time of surrender
and the material possibility for the fiscal to make
the investigation and file in time the necessary
information
RIGHTS OF THE PERSON DETAINED:
1. He shall be informed of the cause of his detention;
and
2. He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel.
Art. 126. Delaying release. – The penalties
provided for in Article 124 shall be imposed upon
any public officer or employee who delays for the
period of time specified therein the performance
of any judicial or executive order for the release
of a prisoner or detention prisoner, or unduly
delays the service of the notice of such order to
said prisoner or the proceedings upon any
petition for the liberation of such person.
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
ACTS PUNISHABLE UNDER ARTICLE 126
1. By delaying the performance of a judicial or
executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of
such order to said prisoner.
3. By unduly delaying the proceedings upon any
petition for the liberation of such person.
ELEMENTS OF DELAYING RELEASE:
1. That the offender is a public officer or employee;
- The public officers who are most likely to
commit the offense penalized in Article 126
are the wardens and peace officers
temporarily in charge of the custody of
prisoners or detained persons.
2. That there is a judicial or executive order for the
release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the
liberation of such person.
3. That the offender without good reason delays: (1)
the service of the notice of such order to the
prisoner; or (2) the performance of such judicial
or executive order for the release of the prisoner;
or (3) the proceedings upon a petition for the
release of such person.
Art. 127. Expulsion. – The penalty of
prision correccional shall be imposed upon any
public officer or employee who, not being
thereunto authorized by law, shall expel any
person from the Philippine Islands or shall
compel such person to change his residence.
ACTS PUNISHABLE UNDER ARTICLE 127
1. By expelling a person from the Philippines.
2. By compelling a person to change his residence.
ELEMENTS OF EXPULSION:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or
compels a person to change his residence;
3. That the offender is not authorized to do so by
law.
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 Only the court by final judgment can order a
person to change his residence (ejectment
proceedings, expropriation proceedings and in the
penalty of destierro)
 If an alien is expelled by the President = NO CRIME
Section Two. – Violation of domicile
Art. 128. Violation of domicile. – The
penalty of prision correccional in its minimum
period shall be imposed upon any public officer
or employee who, not being authorized by
judicial order, shall enter any dwelling against
the will of the owner thereof, search papers or
other effects found therein without the previous
consent of such owner, or, having surreptitiously
entered said dwelling, and being required to
leave the premises, shall refuse to do so.
If the offense be committed in the
nighttime, or if any papers or effects not
constituting evidence of a crime be not returned
immediately after the search made by the
offender, the penalty shall be prision correccional
in its medium and maximum periods.
ACTS PUNISHABLE UNDER ARTICLE 128
1. By entering any dwelling against the will of the
owner thereof; or
- presupposes opposition or prohibition by
said owner whether express or implied
2. By searching papers or other effects found therein
without the previous consent of such owner; or
- The papers and other effects mentioned
must be found in the dwelling.
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
- What constitutes the crime is the refusal of
the offender to leave the premises when
required to do so – not the entrance to the
dwelling.
ELEMENTS COMMON TO THREE ACTS:
1. That the offender is a public officer or employee.
CRIMINAL LAW II notes of TRVG
Summary of Revised Penal Code by Luis B. Reyes
2. That he is not authorized by judicial order to enter
the dwelling and/or to make a search therein for
papers or other effects.
- A public officer or employee is authorized
by judicial order when he is armed with a
search warrant duly issued by the court.
MODIFIED ELEMENTS:
 If the owner is a private individual = TRESPASS TO
DWELLING
 If the entrance by public officer or employee is
only without consent of the owner of the dwelling
or if the owner consented to such entrance =
CRIME IS NOT COMMITTED
 If a public officer searched a person outside his
dwelling without search warrant and such person
is not legally arrested for an offense and if
violence and intimidation is used = GRAVE
COERCION
 If a public officer searched a person outside his
dwelling without search warrant and such person
is not legally arrested for an offense and there is
no violence or intimidation = UNJUST VEXATION
 A peace officer without search warrant cannot
lawfully enter the dwelling against the will of the
owner, even if he knew that someone in the
dwelling is having unlawful possession of opium.
 Silence of the owner of the dwelling before and
during the search, without search warrant, by a
public officer may show implied waiver.
 Where the owner of the house did not object to the
opening of her wooden closet and the taking of
their personal properties, such failure to object or
resist did not amount to an implied waiver of her
right against unreasonable search and seizure
where the petitioners were armed with handguns
and one of the petitioners threatened and
intimidated her. (Rojas v. Spouses Matillano, G.R.
No. 141176, May 27, 2004)
QUALIFYING CIRCUMSTANCES
1. If the offense is committed at nighttime; or
2. If any papers or effects not constituting evidence
of a crime are not returned immediately after the
search made by the offender.
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 Art. 129. Search warrants maliciously
obtained, and abuse in the service of those legally
obtained. – In addition to the liability attaching to
the offender for the commission of any other
offense, the penalty of arresto mayor in its
maximum period to prision correccional in its
minimum period and a fine not exceeding Two
hundred thousand pesos (₱200,000) shall be
imposed upon any public officer or employee who
shall procure a search warrant without just cause,
or, having legally procured the same, shall exceed
his authority or use unnecessary severity in
executing the same.
SEARCH WARRANT
- an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein
and bring it before the court
- shall be valid for ten days from its date
PERSONAL PROPERTY TO BE SEIZED
1. Subject of the offense;
2. Stolen or embezzled and other proceeds or fruits
of the offense; or
3. Used or intended to be used as the means of
committing an offense
ACTS PUNISHABLE IN CONNECTION WITH SEARCH
WARRANTS
1. By procuring a search warrant without just cause;
2. By exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured.
ALLOWABLE WARRANTLESS SEARCHES
1. Warrantless search incidental to a lawful arrest
- A person lawfully arrested may be searched
for dangerous weapons or anything which
may have been used or constitute proof in
the commission of an offense, without a
search warrant.
2. Search of evidence in “plain view”
- The elements are:
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a. A prior valid intrusion based on the
valid warrantless arrest in which the
police are legally present in the pursuit
of their official duties;
b. The evidence was inadvertently
discovered by the police who had the
right to be where they are; and
c. “plain view” justified mere seizure of
evidence without further search.
3. Search of a moving vehicle
4. Consented warrantless search
- The consent must be voluntary in order to
validate an otherwise illegal detention and
search.
5. Customs search
6. Stop and Frisk
7. Exigent and Emergency Circumstances
8. Search of a vessel or aircraft
ELEMENTS OF PROCURING A SEARCH WARRANT
WITHOUT JUST CAUSE:
1. That the offender is a public officer or employee;
2. That he procures a search warrant;
3. That there is no just cause.
MODIFIED ELEMENTS:
 If the procurement of the search warrant is
through falsification of affidavit = ARTICLE 129
AND PERJURY
 A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce,
and particularly describing the place to be
searched and the things to be seized which may be
anywhere in the Philippines.
 The judge must, before issuing the warrant,
personally examine in the form of searching
questions and answers, in writing and under oath,
the complainant and the witnesses he may
produce on facts personally known to them and
attach to the record their sworn statements
together with any affidavits submitted.
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 The officer, if refused admittance to the place of
directed search after giving notice of his purpose
and authority, may break open any outer or inner
door or window of a house or any part of a house
or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him
when unlawfully detained therein.
 The officer seizing property under the warrant
must give a detailed receipt for the same to the
lawful occupant of the premises in whose
presence the search and seizure were made, or in
the absence of such occupant, must, in the
presence of at least two witnesses of sufficient age
and discretion residing in the same locality, leave
a receipt in the place in which he found the seized
property.
 A search warrant is said to have been procured
without just cause when it appears on the face of
the affidavits filed in support of the application
therefor, or through other evidence, that the
applicant had every reason to believe that the
search warrant sought for was unjustified.
ELEMENTS OF EXCEEDING AUTHORITY OR USING
UNNECESSARY SEVERITY IN EXECUTING A SEARCH
WARRANT LEGALLY PROCURED:
1. That the offender is a public officer or employee;
2. That he has legally procured a search warrant;
3. That he exceeds his authority or uses unnecessary
severity in executing the same.
Art. 130. Searching domicile without
witnesses. – The penalty of arresto mayor in its
medium and maximum periods shall be imposed
upon a public officer or employee who, in cases
where a search is proper, shall search the
domicile, papers, or other belongings of any
person, in the absence of the latter, any member
of his family, or in their default, without the
presence of two witnesses residing in the same
locality.
ELEMENTS OF SEARCHING DOMICILE WITHOUT
WITNESSES:
1. That the offender is a public officer or employee;
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2. That he is armed with search warrant legally
procured;
3. That he searches the domicile, papers or other
belongings of any person.
4. That the owner or any member of his family, or
two witnesses residing in the same locality are not
present.
 Search without warrant under the Tariff and
Customs Code does not include a dwelling house.
Section Three. – Prohibition, interruption,
and dissolution of peaceful meetings
Art. 131. Prohibition, interruption and
dissolution of peaceful meetings. – The penalty of
prision correccional in its minimum period shall
be imposed upon any public officer or employee
who, without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting, or
shall dissolve the same.
The same penalty shall be imposed upon
any public officer or employee who shall hinder
any person from joining any lawful association or
from attending any of its meetings.
The same penalty shall be imposed upon
any public officer or employee who shall prohibit
or hinder any person from addressing, either
alone or together with others, any petition to the
authorities for the correction of abuses or redress
of grievances.
ACTS PUNISHABLE IN CONNECTION WITH
PEACEFUL MEETINGS, ASSOCIATIONS, AND
PETITIONS
1. By prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or by
dissolving the same.
2. By hindering any person from joining any lawful
association or from attending any of its meetings.
3. By prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction of
abuses or redress of grievances.
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ELEMENTS COMMON TO THE THREE ACTS:
1. That the offender is a public officer or employee;
and
- The offender must be a stranger, not a
participant in the peaceful meeting.
2. That he performs any of the acts mentioned above.
MODIFIED ELEMENTS:
 If the offender is a private individual = TUMULTS
 If the offender is a participant of the peaceful
meeting = UNJUST VEXATION
 If the offender interrupts or dissolves a meeting of
the municipal council by a public officer =
ARTICLE 143-144: CRIMES AGAINST
LEGISLATIVE BODIES AND SIMILAR BODIES
 The person talking on prohibited subject at public
meeting contrary to agreement that no speaker
should touch on politics may be stopped.
 The right to freedom of speech and to peacefully
assemble, though guaranteed by our Constitution,
is not absolute, for it may be regulated in order
that it may not be “injurious to the equal
enjoyment of others having equal rights, nor
injurious to the right of the community or society,”
and this power may be exercised under the “police
power” of the state, which is the power to
prescribe regulations to promote the good order
or safety and general welfare of the people.
 When the meeting to be held is not peaceful, there
is legal ground for prohibiting it.
 There is no legal ground to prohibit the holding of
a meeting when the danger apprehended is not
imminent and the evil to be prevented is not a
serious one.
 But stopping the speaker who was attacking
certain churches in public meeting is a violation of
Article 131.
Section Four. – Crimes against religious
worship
Art. 132. Interruption of religious worship.
– The penalty of prision correccional in its
minimum period shall be imposed upon any
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public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any
religion.
If the crime shall have been committed
with violence or threats, the penalty shall be
prision correccional in its medium and maximum
periods.
ELEMENTS OF INTERRUPTION OF RELIGIOUS
WORSHIP:
1. That the offender is a public officer or employee.
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on.
3. That the offender prevents or disturbs the same.
QUALIFYING CIRCUMSTANCES:
 If the crime is committed with violence or threats.
 Reading of Bible and then attacking certain
churches in a public plaza is not a ceremony or
manifestation of a religion, but only a meeting of a
religious sect.
Art. 133. Offending the religious feelings. –
The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period shall be imposed upon anyone who, in a
place devoted to religious worship or during the
celebration of any religious ceremony, shall
perform acts notoriously offensive to the feelings
of the faithful.
RELIGIOUS CEREMONIES
- those religious acts performed outside of a church,
such as processions and special prayers for
burying dead persons
ELEMENTS OF OFFENDING THE RELIGIOUS
FEELINGS:
1. That the acts complained of were performed (1) in
a place devoted to religious worship, or (2) during
the celebration of any religious ceremony.
2. That the acts must be notoriously offensive to the
feelings of the faithful.
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 - The acts must be directed against religious
practice or dogma or ritual for the purpose
of ridicule, as mocking or scoffing at or
attempting to damage an object of religious
veneration.
- There must be deliberate intent to hurt the
feelings of the faithful.

 Offense to feelings is judged from complainant’s

point of view.

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 Title Three

CRIMES AGAINST PUBLIC ORDER

Chapter One

REBELLION, COUP D’ETAT, SEDITION, AND

DISLOYALTY

Art. 134. Rebellion or insurrection. – How

committed. – The crime of rebellion or
insurrection is committed by rising publicly and
taking arms against the Government for the
purpose of removing from the allegiance to said
Government or its laws, the territory of the
Republic of the Philippines or any part thereof, or
any body of land, naval, or other armed forces, or
depriving the Chief Executive or the Legislature,
wholly or partially, of any of their powers or
prerogatives.

ELEMENTS OF REBELLION OR INSURRECTION:

1. That there be (a) public uprising, and (b) taking

arms against the Government.
2. That the purpose of the uprising or movement is
either –
a. to remove from the allegiance to said
Government or its laws:
(1) the territory of the Philippines or any part
thereof; or
(2) any body of land, naval or other armed
forces; or
b. to deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives.

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