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Treason as a war-time offense Exception: Acts which are unnecessary to the commission of
Treason is a war crime, hence, not an all time offense. It cannot be treason. Rapes, wanton robbery for personal gain and other forms
committed in time of peace. However, treason may be incubated of cruelties (aggravating circumstances of ignominy)
when peace reigns. Treasonable acts may actually be perpetrated
during peace, but there are no traitors until war has started. (Laurel Alternatives
v. Misa) 1. Charge the offender with treason, with the other crimes as
an inherent element, or, in the proper case, an aggravating
Two ways to commit treason circumstance.
1. Levies war against the government 2. Charge the offender with the common crimes instead of
2. Adheres to the enemies, giving aid or comfort treason.
Take Note: In both types of treason, the purpose is to deliver the Ways of proving treason
country to a foreign power. The rule for the accused to be convicted of treason on any of the
following evidence only:
(1) Levying war
To enlist troops for military service, often by force. The assembling 1. Two witnesses must testify to the same overt act
of a body of men for the purpose of effecting by force a treasonable 2. The accused must confess in open court
object.
The two-witness rule
Requisites: The testimony of two witnesses is required to prove the overt act of
The levying of war requires the concurrence of two things: giving aid or comfort. It is NOT necessary to prove adherence.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE DELAY IN THE DELIVERY OF DETAINED PERSONS (Article 125)
Public officer must be one who is Elements of procuring a search warrant without just cause
1. Vested with authority to detain (policeman) 1. Offender is a public officer or employee
2. Vested with authority to order detention (judge) 2. He procures a search warrant
3. There is no just cause
Take note: If the offender is a public officer not authorized to detain
or order detention – illegal detention Uy Kheytin v. Villareal
The warrant is not allowed for the purpose of obtaining evidence of
Detention is not limited to actual confinement an intended crime, but only after lawful evidence of an offense
1. Confinement in an enclosure actually committed.
2. Deprive one of liberty
3. Placed in confinement OFFENDING RELIGIOUS FEELINGS (Article 133)
4. Restraint on his person (can move in and out of person but
under surveillance) Elements
1. The acts complained of were performed in
Examples of detention without legal grounds a. A place devoted to religious worship
b. During the celebration of any religious ceremony
1. Quarrelling with barangay lieutenant’s barangay (Gellada)
2. Mere suspicion that Taruc was part of the plot to 2. The acts must be notoriously offensive to the feelings of
assassinate the President (Taruc v. Carlos) the faithful
1. When in his presence, person to be arrested has REBELLION OR INSURRECTION (Article 134)
committed, actually committing, or is attempting to
commit an offense Elements:
2. When an offense has just been committed and he has 1. Public uprising by taking up arms against the government
probable cause to believe based on personal knowledge of 2. The purpose is
facts and circumstances that the person has committed it. a. To remove from the allegiance to said government or
3. When the person to be arrested is a prisoner who has its laws
escaped from a penal establishment - Territory of the Philippines or any part thereof
- Anybody of land, naval or other armed forces
CRIMINAL LAW II l Atty. Carillo l Reviewer by Tanya Ibanez
b. To deprive the Chief Executive or Congress, any of its 3. The attack is directed against duly constituted authorities,
powers or prerogatives military camp/installation, communication network, public
utilities, or facilities needed for the exercise and continued
Purpose must be clear possession of power
Evidence that persons who burned the radio facilities shouted 4. Purpose of the attack is to seize or diminish state power.
“Mabuhay and NPA” DOES NOT furnish logical conclusion that they
are member of the NPA or that their act was an act of rebellion or PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT
insurrection. (Article 135)
Political motivation must be shown A person in the government service who participates or executes
The political motivation must be shown in order to justify the finding directions or commands of others is qualifying.
that the crime committed is rebellion. Hence, just because it is
alleged that the appellants were members of the MILF does NOT If the rebellion, insurrection or coup d’etat is under the command
necessarily mean that the crime of kidnapping was committed in of unknown leaders, those who in fact directed, spoke for them,
furtherance of a rebellion. (PP v. Abdilla Linandang) signed receipts or performed similar acts shall be deemed leaders.
Unlike common offenses such as adultery, murder, arson which DISLOYALTY OF PUBLIC OFFICERS (Article 137)
generally end upon their commission.
Take Note
Warrantless arrest in rebellion There MUST be an ongoing rebellion for this felony to be
There is still a need to comply with the constitutional requirements committed.
of a valid warrantless arrest.
Acts of disloyalty
Hence, mere suspicion of being a Communist Party member or a 1. Failing to resist by all the means in their power
subversive is absolutely NOT a ground for the arrest without a 2. Continuing to discharge the duties of their office under the
warrant of the suspect. control of the rebels
3. Accepting appointment to office under the control of
Subversion Act (Act No. 1700) rebels
Penalizes membership in any organization or association committed
to subvert the Government. (Repealed by RA 7636) INCITING TO REBELLION OR INSURRECTION (Article 138)
d. To commit, for political or social ends, any act of hate Seditious words
or revenge against any private person or any social Perez has uttered seditious words. He has made a statement and
class done an act which tended to instigate others to cabal or meet
e. To despoil them, for any political or social end, any together for unlawful purposes. He has made a statement and done
person, municipality, provincial or national an act which suggested and incited rebellious conspiracies. He has
government of all its property or any part thereof. made a statement and done an act which tended to disturb the
peace of the community and the safety or order of the government.
Tumultuous
In sedition, there must be at least 4 offenders because Article 153 PP b. Nabong
defines tumultuous as caused by more than 3 persons who are “Overthrow the present government and establish our own
armed or provided with means of violence. government, the government of the poor. Use your whip so that
there may be marks on their sides”
Take note: The elements of public uprising and the object must both
be present, otherwise there is no sedition. The seditious tendency must be clear
Anyone reading these dramas or seeing them presented could not
Complex crime of sedition fail to understand their seditious tendencies. (US v. Juan Abad)
There is NO prohibition to complex sedition with other common
crimes. (unlike rebellion) Rebellion and Sedition distinguished
Instances of sedition
1. Offenders were 50 and they were armed, the purpose was Rebellion Sedition
clearly to attack Mayor Puzalan (Umali case)
2. Soldiers were prevented from freely exercising their
functions as they were prevented from implementing the Public uprising and Rising publicly and tumultuously
warrant of arrest against one Datu Tahil. (Tahil v. Tarson) taking up of arms
3. Firing on policemen, a passing street car and the police
station (Cabrera case)
Remove, deprive... Nos 1-5 Art 139
Public uprising must concur with object of sedition
Mendoza
Object/purpose was not known. The accused attacked a truck Absorbs common crimes Does not absorb
carrying policemen. common crimes
4. Offender knows victim is a person in authority or his agent Take note: Whether the offended party is a person in authority or an
in the exercise of his duties agent of a person in authority, the intimidation or resistance MUST
5. No public uprising be serious.
Not serious Take Note: Light felonies like slight physical injuries cannot be
Hitting a policeman on the breast with a fist, or delivering fist blows complexed with other crimes.
which did not hit the latter
INDIRECT ASSAULT (Article 149)
Intimidation or resistance
Person in authority – serious Elements
Agent – serious 1. A person in authority or his agent is the victim of direct
assault
CRIMINAL LAW II l Atty. Carillo l Reviewer by Tanya Ibanez
2. A person comes to the aid of such person in authority or TUMULTS AND OTHER DISTURBANCES (Article 153)
agent
3. The offender makes use of force or intimidation upon such Examples:
person 1. Serious disturbance in a public place, office or
establishment
There must be direct assault being committed 2. Interrupting or disturbing performances, functions or
When it is only the person coming to the aid of a policeman that is gatherings or peaceful meetings
attacked, there is NO indirect assault as there is no direct assault 3. Making an outcry tending to incite rebellion or sedition in
being committed. any meeting, association or public place
4. Displaying placards or emblems which provoke a
If a private individual comes to the aid of policeman and the accused disturbance of public order
attacks the private individual, is the crime direct assault? 5. Burning with pomp the body of one who has been legally
executed
NO. It is simply indirect assault, assuming that direct assault was
committed against the policeman. Disturbance must be of a serious nature
i.e. planned or intended
For the crime to be considered direct assault, it must be a person in
authority that such private individual aided, because it is only then US v. Domingo
that he can be considered an agent. In the excitement of a hotly contested campaign, some allowances
(Art 152 par 2 Any person who comes to the aid of person in must be made for the tense state of public feeling, and not every
authority shall be deemed an agent of a person in authority) petty incident should be magnified into a matter of grave import.
RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR When the offender is a participant or private individual
HIS AGENT (Article 151) Article 153 applies to:
Take Note: In this felony, the person in authority or his agent MUST When the one who disturbs the meeting is a public officer who is
be engaged in the performance of official duties. NOT a participant, Article 131 (Prohibition of peaceful meeting) or
Article 132 (Interruption of religious worship) is applicable.
Elements of Resistance and Serious disobedience
1. Person in authority or his agent is engaged in the Outcry
performance of official duty or gives a lawful order to the The outcry is a more or less unconscious outburst and not
offender intentionally calculated to induce others to commit rebellion or
2. The offender resists or seriously disobeys the person in sedition.
authority or his agent
3. The act is not direct assault, indirect assault or ALARMS AND SCANDALS (Article 155)
disobedience to summons
Examples:
Take Note: 1. Discharging any firearm, rocket, firecracker or other
Resistance must NOT be serious otherwise it is a case of direct explosive within any town or public place, which produces
assault. However, disobedience MUST be serious. alarm or danger
2. Instigating or taking part in any charivari or other
Example: disorderly meeting offensive to another or prejudicial to
The accused who struck a policeman on the breast as the latter was public tranquillity
arresting him. 3. Disturbing the public peace while wandering about at
night or while engaged in other nocturnal activities
Disobedience must be to an order actually directed to the accused 4. Causing any disturbance or scandal in public places while
In the Ramayrat case, the order was directed to the sheriff of the intoxicated
court to place the plaintiff in possession of the land involved in the
case. The order was directed to the sheriff and NOT to the accused. Discharge any firearm
The former merely ordered the latter to deliver the property to the 1. The discharge must be intended to merely cause alarm,
plaintiff. otherwise it might be some other crime (i.e. discharge of
firearm or attempted homicide)
Elements of Simple Disobedience 2. Must produce alarm or danger as a consequence
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the Charivari
offender 1. A medley of discordant voices, a mock serenade of
2. The offender disobeys such order discordant noises made on kettles, tins, horns, etc.,
3. The disobedience is NOT serious (i.e. lying on the road designed to annoy and insult.
when told to clear the entrance to a plant)
CRIMINAL LAW II l Atty. Carillo l Reviewer by Tanya Ibanez