Sei sulla pagina 1di 13

CRIM LAW REVIEW (TE)

 

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

 
 

Section One: Treason and Espionage

Treason

1. The offender (PH citizen or Alien residing in the PH) owes allegiance to the government of the PH

If you give water is that support? Yes, if done with criminal intent

2. There is war in the PH

Treason is a continuous offense

3. The offender either: (a) levies war against the government (b) adheres to the enemies (giving them aid or comfort)

Treason cannot be complexed with other crimes (it absorbs the crimes committed in furtherance thereof)

Circumstances inherent in treason

o

Evident premeditation

o

Abuse of superior strength

o

Treachery

There can be double jeopardy in treason! Levies War

himself performs an act of war

o

There is an actual assembly of men (to deliver the country to an external enemy)

o

For the purpose of executing a treasonable design by force

This felony is only committed during war, there must be a declaration Adheres to the enemy

There must be an intent to betray

It must be a deed or physical activity

and not merely a mental operation (ex. Furnishing supplies) Ways of proving treason

1. Testimony of 2 witnesses, at least, to the same overt act

2. Confession of guilt by the accused in

open court

- Can treason be committed as an attempt?

- Is wearing the uniform of an enemy country treason?

MVBERNARDINO D2020

1

!

CRIM LAW REVIEW (TE)

Conspiracy and

Conspiracy

2 witness rule does not apply because this is a separate and distinct offense from that of treason

proposal to

1. 2 or more persons come to an agreement

commit treason

2. Agreement is to levy war against the government or adhere to the enemies and give them aid or comfort, and decide to commit it

Everyone is liable for the same act

Proposal

1. In time of war, a person has decided to levy war or adhere to the enemies

2. The person proposes its execution to some other persons

Misprision of

1. The offender is a citizen of the PH and not a foreigner

Treason

2. He has knowledge of any conspiracy against the government

What if he announces that he’s switching sides? Not yet

3. The conspiracy is one to commit treason

4. He conceals or does not disclose and make known the same as soon as possible to the proper authority

Misprision – failure of a citizen to report as soon as possible a conspiracy which comes to his knowledge, against the government

This provision does not apply when treason is already committed and the accused does not report its commission

The offender is punished as an accessory to treason, but a principal in the crime of misprision of treason

What if he doesn’t proceed with the act of adherence? He desists?

Espionage

By entering, without authority, a warship, fort or military or navel establishment or reservation to obtain information, plans, photographs, or other data of confidential nature relative to the defense of the PH

Consummated by mere entry of the accused without authority into the warship, fort, military, or naval establishment with the purpose of obtaining info

1. The offender enters any of the places

2. His purpose is to obtain information, plans, photos, or other data of a

confidential nature relative to the defense of the PH By Disclosing to the representative of a foreign nation the contents of the

 

Cannot be by culpa – there’s a specific reason why he enters

articles, data or information referred to in the proceeding paragraph, which he had in his possession by reason of the public office he holds

Can this be done by culpa? What if inadvertent? No. punishable under A365 not as espionage

1. The offender is a public officer

2. He has in his possession articles, data or info by reason of the public office he holds

3. He discloses their contents to a representative of a foreign nation

MVBERNARDINO D2020

2 !

CRIM LAW REVIEW (TE)

CA 616 (The Espionage Act

Punishable acts

There must be an intent to injure the government (if not, it’s not espionage)

1.

Unlawfully obtaining or permitting to be obtained information affecting national defense

 

2.

Unlawfully disclosing information affecting national defense

 

3.

Disloyal acts in time of peace

Same acts as treason but during a time of peace

4.

Disloyal acts or words in time of war (DJ)

5.

Conspiracy to commit the preceding acts

 

6.

Harboring or concealing violators of the act

7.

Photographing defensive installations

8.

Using permitting or procuring the use of an aircraft for the same purpose of violating #7

9.

Reproducing, publishing, selling, or giving away of uncensored copies of those mentioned under no. 7 without the permission of the commanding officer

10.

Destroying or injuring or attempting to injure or destroy war material or national defense material, premises or utilities

11.

Making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner, war material or national defense material

 

Section Two: Provoking War and Disloyalty in Case of War

Inciting or giving motives for reprisals

1.

That the offender performs unlawful or unauthorized acts

Done only by a private individual

2.

That such acts

Desired effect: PH starts a war

a. Provoke or give occasion for a war involving or liable to involve the PH

Intention of the accused is immaterial

 

This is committed in time of peace

b. Expose PH citizens to reprisals on their persons and property

Penalty is higher when the offender is a public officer

Violation of

1.

That there is a war in which the PH is not involved

 

Neutrality

2.

That there is a regulation issued by a competent authority for the purpose of enforcing neutrality

3.

That the offender violates such regulation

MVBERNARDINO D2020

3 !

CRIM LAW REVIEW (TE)

Correspondence with Hostile Country

1. That this is made in time of war in which the PH is involved

Can be violated along with treason

2. The offender makes correspondence with the

If the offender intended to aid the enemy by giving such notice or information, the crime amounts to treason, hence, same penalty

a. Enemy country

 

b. Territory occupied by enemy troops

3. The correspondence is either

a. Prohibited by the government

Penalty: RP - death

b. Carried on in Ciphers or conventional signs

c. Contains notice or information which might be useful to the enemy

Flight to Enemy’s Country

1. That there is a war in which the PH is involved

 

2. That the offender owes allegiance to the government

 

3. That the offender attempts to flee or go to the enemy country

4. That going to the enemy country is prohibited by competent authority

Piracy in General and Mutiny on the High Seas or in PH Waters

1. That a vessel is on the high seas or in PH waters

Piracy if they seize part of the cargo

2. The offenders are not members of its complement or passengers of the vessel

Piracy –not a member of the crew; mutiny –member of the crew

3. That the offenders:

Piracy is triable anywhere

 

a. Attack or seize the vessel

Mutiny – the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander

b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

PD 532 Anti- Piracy and Anti- Highway Robbery Law

Punishable Acts

 

1. Piracy

2. Highway robbery/brigandage

3. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/ brigandage

Qualified Piracy

Qualifying Circumstances

 

1. Whenever the offenders have seized the vessel by boarding or firing upon the same

2. Whenever the pirates have abandoned their victims without means of saving themselves

3. Whenever the crime is accompanied by Murder, Homicide, Physical injuries or rape

What qualifies it? If they attack without firing it’s just piracy

How different from piracy? Can you seize a vessel without boarding/

attacking it? Yes. If you block/prevent it from doing what it wants

Punished separately? No. It’s a special complex crime (RP – death)

o

Intent must have been piracy

o

Otherwise, it can be punished as 2 separate offenses

MVBERNARDINO D2020

4 !

CRIM LAW REVIEW (TE)

 

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

 

Section One: Arbitrary Detention and Expulsion

Arbitrary

1. That the offender is a public officer

Person arrested on no legal grounds

Detention

2. That he detains a person

Committed by a public officer

3. That the detention is without legal grounds

Offense is committed as soon as the person is detained

Provision provides for different penalities depending on the duration

Legal grounds for detention: warrant of arrest, valid warrantless arrest

Also refers to a person held without a valid court order

Delay in the Delivery of Detained Persons to the proper judicial authorities

1. That the offender is a public officer or employee

Vs. arbitrary detention: Initial arrest is for some legal ground

2. That he has detained a person for some legal ground

3. That he fails to deliver such person to the proper authorities within

 

a. 12 hours for offenses punishable by light penalties or their equivalent

b. 18 hours for offenses punishable by correctional penalties or their equivalent

c. 36 hours for offenses punishable by afflictive penalties or their equivalent

Can only be committed by a public officer or employee

“Deliver to the authorities” –file the appropriate charge

In relation to crimpro: Inquest (person is arrested without a warrant, need a speedy remedy)

 

If cause is not valid, person is released immediately

Delaying Release

1. That the offender is a public officer or employee

Most likely to be violated by wardens or jailers

2. That there is a judicial or executive order for the release of the prisoner or that there is a proceeding upon a petition for the liberation of such person

3. That the offender without good reason delays either:

 

a. The service of the notice of such order to the prisoner

b. The performance of such judicial or executive order for the release of the prisoner

c. The proceedings upon a petition for the release of such person

MVBERNARDINO D2020

5 !

CRIM LAW REVIEW (TE)

Expulsion

1. That the offender is a public officer or employee

Who are the officers authorized? Commissioner of the Bureau of Immigration

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

Is expulsion part of the penalties the judge can impose? A Judge may make the criminal change residence (destierro)

What is the defense if the police force someone to move out? Lawful performance of a duty (justifying circumstance)

 

Section Two: Violation of Domicile

Violation of

1. That the offender is a public officer or employee

cf. R126, A3S2 Consti

Domicile

2. That he is not authorized by judicial order to enter the dwelling and/or to make a search for paper or other effects

3. That the offender shall

Penalty here is for only 1 period

What is the felony of surreptitiously entering without a warrant? No felony. He has a warrant

a. Enter any dwelling against the will of the owner thereof

b. Search papers or other effects found therein without the previous consent of such owner

 

c. Refuse to leave the premises, after having surreptitiously entered said dwelling and having been required to leave the same

Search Warrants Maliciously Obtained and Abuse in the Service of those legally detained

Procuring a search warrant without just cause

When is a search warrant validly obtained? R126

1. That the offender is a public officer or employee

2. That he procures a search warrant

If the police exercise force but have a warrant –still a felony of search warrants maliciously abused

3. That there is no just cause

Exceeding his authority or by 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

Searching Domicile Without Witnesses

1. That the offender is a public officer or employee

 

2. That he is armed with a search warrant legally procured

3. That he searched the domicile, papers or other belongings of any person

 

4. That the owner or any member of his family or t

MVBERNARDINO D2020

6 !

CRIM LAW REVIEW (TE)

 

Section Three: Prohibition, Interruption, and Dissolution of Peaceful Meetings

 

Prohibition,

1. That the offender is a public officer or employee

 

Interruption, and

2. That he performs any of the following acts:

Dissolution of

a. Prohibiting, interrupting or dissolving without legal grounds the holding of a peaceful meeting

Peaceful

Meetings

b. Hindering any person from joining any lawful association or attending any of its meetings

c. 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

 

Section Four: Crimes Against Religious Worship

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 prevent or disturbs the same

Offending Religious Feelings

1. That the acts complained of were performed

Offender performs acts notoriously

a. In a place devoted to religious worship

offensive to the feelings of the faithful

 

b. During the celebration of any religious ceremony

2. That the acts must be notoriously offensive to the feelings of the faithful

o

It’s just like saying offensive to public morals

o

Does this mean it’s a question of quality?

 

What is a religion? The court cannot say you are not a religion

MVBERNARDINO D2020

7 !

CRIM LAW REVIEW (TE)

 

TITLE 3: CRIMES AGAINST PUBLIC ORDER

 

Chapter One: Rebellion, Sedition, and Disloyalty

Rebellion or

1. That there be

Check out the hernandez ruling; Enrile vs. Salazar –no such thing as rebellion complexed with other offenses

Insurrection

a. Public uprising

b. Taking up of arms against the government

2. That the purpose is either

Gonzales v Abaya –prosecution for coup d’etat and

a. Removing from the allegiance to said government or its laws

i. The territory of the PH

 

ii. Anybody of land, naval or other armed forces

b. Depriving wholly or partially, any of the powers or prerogatives of the

i. Chief Executive

ii. Congress

Coup d’état

1. That the offender is a person or persons belonging to the military or police or holding any public office or employment

 

2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth

3. That the attack is directed against duly constituted authorities of the RP or any military camp or installation or communication networks, public utilities or other facilities needed for the exercise and continued possession of power

4. That the purpose of the attack is to seize or diminish state power

MVBERNARDINO D2020

8 !

CRIM LAW REVIEW (TE)

Penalty for

Penalty for rebellion, insurrection or coup d'etat. - Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Rebellion or

Coup d’état

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat

Conspiracy and proposal to commit rebellion, insurrection or coup d’etat

1. Conspiracy to commit rebellion

2. Proposal to commit rebellion

Disloyalty of public officers or employees

1. Failing to resist a rebellion by all means in their power

2. Continuing to discharge the duties of their office under the control of the rebels

 

3. Accepting appointment to office under the rebels

MVBERNARDINO D2020

9 !

CRIM LAW REVIEW (TE)

Inciting to

1. That the offender does not take up arms or is not in open hostility against the government

These are different offenses

rebellion or

 

o

Inciting to sedition: person

insurrection

2. That he incites others to the execution of any of the acts of rebellion

 

3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

doesn’t take part but incites others; incitement can be done through any form of expression

Knowingly conceals ! inciting to sedition; felony by omission

Acts fall under freedom of expression (clear and present danger rule) Problematic part:

Person who utters seditious words or achieves the purpose –must there be a finding first of the words being seditious? How do you prove this? –Espuelas v People – seditious libel (one that has the immediate tendency to stir up discontent)

When someone criticizes government does that refer to scurrilous libel?

Sedition

1. That the offenders rise

Cf. Rebellion –objective offenses

a. Publicly

 

o

Purposes may also overlap

b. Tumultuously

o

2. That they employ force, intimidation, or other means outside of legal methods

3. That the offenders employ any of those means to attain any of the following objectives:

Sedition: offenses against private people

No proposal to commit sedition just conspiracy to commit sedition (because proposal is already covered by inciting to commit sedition)

a. To prevent the promulgation or execution of any law or the holding of any popular election

b. To prevent the government or any public officer from freely exercising its or his functions, or prevent the execution of any AO

 

c. To inflict any act of hate or revenge upon the person or property of any public officer or employee

d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class

e. To Despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof

MVBERNARDINO D2020

10

!

CRIM LAW REVIEW (TE)

Penalty for

Sedition

The leader of sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos.

Chapter Two: Crimes against Popular Representation

Section 1: Crimes against Legislative Bodies and Similar Bodies

Acts tending to prevent the meeting of the assembly and similar bodies

1. That there be a projected or actual meeting of the congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board

2. That the offender, who may be any person, prevents such meeting by force or fraud

Force – produces an injury

Fraud -- falsification

Disturbance of

Proceedings

1. That there be a meeting of congress or any of its committees or

subcommittees, CCs, or any provincial board or city or municipal board or council

2. That the offender does any of the ff:

a. He disturbs any of such meetings

b. He behaves in the presence of such bodies in such a manner as to interrupt its proceedings or to impair the respect due it

Complaint must be filed by a member of the legislative body

Disturbance created by a participant in the meeting is not covered

Section 2: Violation of Parliamentary Immunity

Violation of

parliamentary

Immunity

1. That the offender uses force, intimidation, threats or fraud

2. That the purpose of the offender is to prevent any member of congress from:

a. Attending the meetings of the congress or any of its committees or CCs

b. Expressing his opinion
c. Casting his vote

1. That the offender is a public officer or employee

2. That he arrests or searches any member of congress

3. That the Congress, at the time of arrest or search, is in regular or special session

4. That the member arrested or searched has not committed a crime punishable under the code by a penalty higher than prision mayor

Not necessary that the member is actually prevented from exercising any of his functions

Immunity does not protect members of congress from responsibility before the legislative body itself

This is a qualified immunity (if congress is not in session they can be arrested at any time)

Chapter Three: Illegal Assemblies and Associations

MVBERNARDINO D2020

11

!

CRIM LAW REVIEW (TE)

Illegal Assemblies

Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC

 

Meeting – a gathering or group,

whether in a fixed place or moving

1. That there is a meeting, gathering or group of persons, whether in a fixed place or moving

 

o

If the meeting is in cyberspace? But they have to be armed

2. That the meeting is attended by armed persons

At least 2 people should be armed

3. That the purpose of the meeting is to commit any of the crimes punishable under the RPC

These crimes are purpose driven

Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent

 

Audience must actually be incited

 

1. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving

2. That the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault

Persons liable: (1) organizers or leaders of the meeting (2) Persons merely present at the meeting

There must be a common intent to commit the felony of illegal assembly

Illegal

Prohibited Associations

Mere membership is punished

Associations

1. Association organized for the purpose of committing any of the crimes punishable under the RPC

 

Disini v SOJ

 

o

If person is the author they can be charged with cyberlibel, if they like they aren’t liable

2. Association organized for some purpose contrary to public morals

 
   

o

If it’s a group how do you prove liability

Presumption in illegal assemblies does not apply Persons liable

Founders, directors, and presidents of the association

Members of the association

 

Chapter Four: Assault upon and resistance and disobedience to persons in authority and their agents

Persons and agents of persons in authority

 

Persons in authority

Agent --– charged with (1) maintenance of public order (2) the protection and security of life and property

MVBERNARDINO D2020

12

!

CRIM LAW REVIEW (TE)

Direct Assault(s)

Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of seidx

Any persons who, without a public uprising, employs force or intimidation to accomplish the purposes of rebellion or sedition

Is direct assault a less grave felony? Yes. Max period is correccional in nature

Indirect Assault

 

If assault committed by an agent – indirect assault

Any person coming to the aid of the authorities is considered an agent

Authorities –authorities in general not just a person in authority

People v Dollantes – if there’s a complex crime of direct assaults on

persons in authority resulting in murder

o

Person who was killed was assaulted first

o

Sir Te: why charge direct assault with murder? If person is dead it means there was an intent to kill

o

No special complex crime of direct assault with murder (should be with homicide; the general term)

Resistance and

   

Disobedience

MVBERNARDINO D2020

13

!