ELEMENTS LANG Criminal Law 2 at a glance R

114 Treason :

1. Offender is a FILIPINO CITIZEN or and ALIEN RESIDING in the Philippines

2. There is WAR in which the Philippines is involved.

3. The offender EITHER

a. Levies war agates the government

b. Adheres to the enemies, giving them aid or comfort

115- Conspiracy and Proposal to commit treason; penalty

Conspiracy- prison mayor and a fine not exceeding 2 Million

Proposal- Prision correccional and a fine not exceeding 2 Million

116 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 of the province or the mayor or fiscal of the city in which he resides.

They are treated as an accessory to the crime of Treason.

117 Espionage (2 ways of committing espionage)

1st. By entering without authority a Warship, fort, or naval or military establishment or reservation to OBTAIN information plans,
photographs or other data of a confidential nature relative to the defense of the Philippines 🇵🇭 (KAILANGAN MAY
INTENTION but NOT NECESSARILY THAT THE OFFENDER ACTUALLY OBTAINS THE etc etc etc.)

1. That the offender enters any of the places mentioned therein

2. That he has no authority therefor

3. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the
Philippines 🇵🇭

2nd. By disclosing tot the representative of a foreign nation the contents of the articles, data or information referred to in section 1
which he had in his possession by reason of the public office he holds.

1. That the offender is a public officer

2. That he has in his possession the etc etc etc in section 1

3. That he discloses their contents to a representative of a foreign nation

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ELEMENTS LANG Criminal Law 2 at a glance R

118-Inciting to war or giving motives or for reprisals.

1. That the offense performs unlawful or unauthorized acts.

2. That such acts provokes or give occasion for a war involving or liable to involve the Philippines or expose filipino citizens on
there persons or property.

Reclusion temporal for public officer

Prison mayor for private individual.

119- Violation of neutrality

1. There is a wasp in which the Philippines is not involved

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

3. That the offender violates such regulation.

120- 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

3. That the correspondence is either

a. Prohibited by the government or (prision correcesional)

b. Carried on in ciphers or conventional signs, or ( prison mayor)

c. Containing notice or information which might be useful to the enemy. (reclusion temporal)

121 Flight to enemy’s country (arresto mayor)

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

2. That the offender must be owing allegiance to the government

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

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

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ELEMENTS LANG Criminal Law 2 at a glance R

122 Piracy in general and mutiny on the high seas or in Philippine waters. (PD 532)

2 modes of committing piracy

1st- By attacking or seizing a vessel on the high seas or in the philippine waters.

2nd- By seizing in the vessel while on the high seas or Ph waters the whole or part of its cargo, equipment or personal belongings
of its complements or passengers

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

2. That the offenders are not members or its complement or passengers of the vessels

3. That the offenders

(a) attack or seize that vessel or

(b) Seize the WHOLE or PART of the cargo of said vessel, its equipments or personal belongings of its complement or
passengers.

123 Qualified piracy (ISLAW is not applicable) ( Reclusion perpetual to death any Dito sa baba)

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

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape (amended by RA 7659)

124 Arbitary detention (no minimum period of detention) * US v brangaza less than Half hour; US v agravante one hour

1. That the offender is a public officer or employee

2. That he detains a person

3. That the detention is without legal grounds.

Has not exceed 3 days detention: Arresto mayor max-Prision correcional in min

More than 3 days no more than 15: Prison correctional in med and max

More than 15 no more than 6 most: Prison mayor

6 mos and above: Reclusion temporal

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ELEMENTS LANG Criminal Law 2 at a glance R

125 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) 12 hours, for crimes or offenses punishable by light penalties

(b) 18 hours for crimes or offenses punishable by Correctional penalties or their equivalent.

(c) 36 hours for crimes or offenses punishable by afflictive or capital penalties or their equivalent.

126. Delaying release.

1. That the offender is a public officer or employee

2. That there is JUDICIAL OR EXECUTIVE ORDER for the release of the prisoner or detention prisoner; or that there there is
proceeding upon the petition for liberation of such person

3. That the offender without good reason delays:

(a) the service of the notice such order to the prisoner

(b) for the performance fo such judicial or exe order for the release of the prisoner

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

127- Expulsion (prison correctional)

1. That the offender is a public officer or employee

2. That he expels any person from the Ph or compels a person to change his residence

3. That the offender is not authorized to do so by law

128 Violation of Domicile ( Prison correctional Minimum, pero pag Gabi, Medium and Maximum)

1. Offender is a public officer or employee

2. That he is not authorize by judicial order to enter the dwelling and or make a search therein for papers or other effects.

129- search warrants maliciously obtained and abuse in the service of those legally obtained whuut

1. That the offender is a public officer or employee

2. That he procures a search warrant

3. That there is no just cause.

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ELEMENTS LANG Criminal Law 2 at a glance R

130 Searching domicile without witnesses (arresto mayor med and max )

1. That the offender is a public officer or employee

2. That he is armed with search warrant legally procures

3. That he searches the domicile papers or other belongings of any persons

4. That the owner or any members of his family or 2 witnesses residing in the same locality are not present.

5.

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