Art. 114.
Treason
 Is a breach of allegiance to a government,
committed by a person who owes allegiance to it.
Penalty: Filipino Citizen – Reclusion Perpetua and fine
not exceeding to 100,000
Alien – Reclusion temporal and fine not exceeding to
100,000
Elements of Treason
 That the offender is a Filipino citizen or an alien
residing in the Philippines
 That there is a war in which the Philippines is
involved;
 That the offender either
- Levies war against the Government or
- Adheres to the enemies, giving them aid or
comfort.
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.
Note: Permanent allegiance is owed by an alien to his
own country, he at the same time, also owes a temporary
allegiance to the country where he resides.
Note: Treason cannot be committed in time of peace.
Two ways or modes of committing treason:
 By leaving was against the government.
 By adhering to the enemies of the Philippines,
giving them aid or comfort.
Levying war
 That there be an actual assembling of men
 For the purpose of executing a treasonable
design by force.
Note: a deed of physical activity is treason. 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 in addition, be
directly in furtherance of the enemies’ hostile design.
Ways of proving treason
 Testimony of two witnesses, at least, to the same
overt acts; or
 Confession of the accused in open court.
Note: two witness rule is not affected by the
discrepancies of minor details of the testimony.
Adherence may be proved:
 By one witness
 From the nature of the act itself
 From the circumstances surrounding the act
Art. 115. Conspiracy and proposal to commit treason
committed
How are the crimes of conspiracy and proposal to
commit treason committed?
 Conspiracy and proposal to commit treason is
committed when in time of war, two or more
persons come to an agreement to levy war
against the government or to adhere to the
enemies and to give them aid or comfort, and
decide to commit it.
 Proposal to commit treason is when in time of
war a person who has decided to levy war against
the government or to adhere to the enemies and
to give them aid or comfort and decide to commit
it.
Penalty: Prision mayor and a fine not exceeding 10,000
and by prision correccional and a fine not exceeding
5,000.
Art. 116. Misprision of treason
Elements:
 That the offender must be owing allegiance to the
government and not foreigner.
 -That he has knowledge of any conspiracy (to
commit treason against the government.
 That he conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province of the mayor or
fiscal of the city which he resides.
Note: Misprision of treason cannot be committed by a
resident alien.
Art. 117. Espionage
 Is 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.
Two ways of committing espionage
1. By entering, without authority thereof, 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.
Elements:
  That the offender enters any of the places
mentioned therein;
 That he has no authority thereof
 That his purpose is to obtain information, plans
photographs or other data o confidential nature
relative to the defense of the Philippines.
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in par. 1 of art. 117,
which he had in his possession by reason of the
public office he holds.
Elements:
 That the offender is a public offender.
 That he has in his possession the articles, data or
information referred to in Par. 1 of article 117 by
reason of public holds.
 That he disclose their contents to a
representative of a foreign nation.
Ps. Read commonwealth act no. 616.
Espionage distinguish from treason
Treason is committed only in time of war, while
espionage may be committed both in time of peace and
in time of war. Treason is limited in two ways of
committing the crime: levying war and adhering to the
enemy giving him aid or comfort; while espionage may be
committed in many ways.
Art. 118. Inciting to war or giving motives for reprisals.
Penalty: Reclusion temporal (public officers/employees)
Prision mayor (private individual who provokes or give
occation for a war)
Elements:
 That the offender performs unlawful or
unauthorized acts.
 That such acts provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisal on their person
or property.
Note:
The intention is immaterial.
It is committed in time of peace.
Art. 119. Violation of neutrality.
 A nation or power which it takes no part in a
contest of arms going on between others is
referred to as neutrality.
Penalty: Prision correccional (anyone who violates any
regulation for enforcing neutrality.
Art. 120. Correspondence with hostile country
Penalty:
Prision correccional if the correnspondence ihas been
prohibited by the government.
Prision mayor if the correspondence be carried on in
cipher or conventional signs;
Reclusion temporal if notice or information be given
thereby which might be useful to the enemy. If the
offender intended to aid by giving such notice or
information, he shall suffer the penalty of reclusion
temporal to death.
Elements:
 That it is in time of war in which the Philippines
is involved.
 That the offender makes correspondence with
an enemy country or territory occupied by
enemy troops.
 That the correspondence is either
- Prohibited by the government
- Carried on in ciphers or conventional signs or
- Containing notice or information which might
be useful to the enemy.
Circumstances qualifying the offense
 That the notice or information might be useful to
the enemy.
 That the offender intended to aid the enemy.
Note: If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to
treason; hence, the penalty is the same as that for
treason.
Art. 121. Flight to enemy’s country
Penalty: Arresto mayor (any person who, owing
allegiance to the government, attempts to flee or go to an
enemy country when prohibited by competent authority.)
Elements:
 That there is a war in which the Philippines is
involved;
 That the offender must be owing allegiance to the
government;
 That the offender attempts to flee or go to enemy
country;
 That going to enemy country is prohibited by
competent court.
 That going to enemy country is prohibited by
competent authority.
Art. 122. Piracy
Penalty: Reclusion perpetua (any person who, on the high
seas or in Ph waters, shall attack or seize a vessel or not
being a member of its complement not a passenger, shall
seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers.)
Note: Same penalty shall be inflicted in case mutiny on
the high seas or in Ph waters.
Two ways or modes of committing piracy
 By attacking or seizing a vessel on the high seas or
in Philippine waters;
 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.
Elements of Piracy
 That a vessel is on the high seas or in Philippine
waters
 That the offenders are not members of its
complement or passengers of the vessel:
 That the offenders
- Attack or seize that vessel
- Seize the whole or part of the cargo of said
vessel, its equipment or personal belongings
of its complement or passenger.
Piracy
 It is 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.
Mutiny
 Unlawful resistance to a superior officer or the
raising of commotions and disturbances on board
a ship against the authority of its commander.
Piracy distinguished from Mutiny
 In piracy, the persons who attack a vessel or seize
its cargo are strangers to said vessels; while in
mutiny, they are members of the crew or
passengers.
 While the intent to gain is essential in the crime
of piracy, in mutiny, the offenders may onl intend
to ignore the ship’s officers or they may be
prompted by desire to commit plunder.
Art. 123. Qualified Piracy
Penalty: Reclusion Perpetua (shall be imposed upon any
person who commit any of the crimes referred to in the
preceding article, under any of the following
circumstances:
 Whenever the offenders have seized the vessel
by boarding or firing upon the same;
 Whenever the pirates have abandoned their
victims without means of saving themselves; or
 Whenever the crime is accompanied by
murderer, homicide, physical injuries or rape.
Classes of arbitrary detention
 Arbitrary detention by detaining a person
without legal ground. (Art. 124)
 Delay in the delivery of detained persons to the
proper judicial authorities. (Art. 125)
 Delaying release (Art. 126)
Art. 124 Arbitrary detention
 Any public officer or employee who, without legal
grounds, detains a person, shall suffer:
Penalty:
Arresto mayor in its maximum period to prision
correccional in its minimum period (if the detention has
not exceed three days)
Prision correccional in its medium and maximum periods
(if the detention has continued more than three but not
more than fifteen days)
Prision mayor (if the detention has continued for more
than fifteen days but not more than six months; and
Reclusion temporal (if the detention shall have exceeded
six months.
Note: 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.
Elements:
 That the offender if a public officer or employee
 That he detains a person.
 That the detention is without legal grounds.
Arbitrary detention through imprudence
Period of detention penalized
 If the detention has not exceeded three days.
 If the detention has continued more than three
days but not more than 15 days.
 If the detention has continued more than 15 days
but not more than six months.
 If the detention has exceeded six months.
Art. 125. Delay in the delivery of detained persons to the
proper judicial authorities.
Elements:
  That the offender is a public officer or employee.
 That he has detained a person for some legal
grounds
 That he fails to deliver such person to the proper
judicial authorities within:
- 12 hours, for crimes or offenses punishable
by light penalties or their equivalent; or
- 8 hours, for crimes or offenses punishable by
correccional penalties or their equivalent; or
- 36 hours, for crimes or offenses punishable
by afflictive or capital penalties or their
equivalent.
Rights of person detained:
 He shall be informed of the cause of his detention
 He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel.
Art. 126. Delaying release
3 acts punishable under art. 126.
 By delaying the performance of a judicial or
executive order for the release of a prisoner.
 By unduly delaying the service of the notice of
such order to said prisoner.
 By unduly delaying the proceeding upon any
petition for the liberation of such person.
Elements:
 That the offender is a public officer or employee;
 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.
 That the offender without good reason delays:
- The service of the notice of such order to the
prisoner; or the performance of such judicial
or executive order for the release of the
prisoner.
- The proceeding upon a petition for the
release of such person.
Art. 127. Expulsion
Penalty: Prision correccional (any public officer or
employee who, not being thereunto authorized by law,
shall expel any person from the Ph Island or shall compel
such person to change his residence.
2 acts punishable under art. 127.
 By expelling a person from the Philippines
 By compelling a person to change his residence
Elements:
 That the offender is a public officer or employee
 That he expels any person from the Philippines,
or compels a person to change his residence.
 That the offender is not authorized to do so by
law.
Art. 128. Violation of domicile
Penalty:
Prision correccional in its minimum period (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.)
Prision correccional in its medium and maximum period
(if the offense committed be nighttime, or if any papers or
effects not constituting evidence of a crime be not
returned immediately after the search made by the
offender)
Acts punishable under Art. 128
 By entering any dwelling against the will of the
owner thereof; or
 By searching papers or other effects found
therein without the previous consent of such
owner;
 By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
Elements common to three acts:
 That the offender is a public officer or employee
 That he is not authorized by judicial order to
enter the dwelling and/or to make a search
therein for papers or other effects.
Art. 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained
Penalty:
Arresto mayor in its maximum period to prision
correccional in its maximum period to prision
correccional in its minimum period and a fine not
exceeding 1000 pesos (any public officer or employee
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.)
Acts punishable in connection with search warrants.
 By procuring a search warrant without just cause;
 By exceeding his authority or by using
unnecessary severity in executing a search
warrant legally procured.
Elements of procuring a search warrant without just Art. 132. Interruption of religious worship
cause
Penalty:
 That the offender is a public officer or employee
Prision correccional in its minimum period. (any public
 That he procures a search warrant
officer or employee who shall prevent or disturb the
 That there is no just cause
ceremonies or manifestations of any religion.
Personal property to be seized
Prision correccional in its medium and maximum periods
 Subject of the offense (If the crime shall have been committed with violence or
 Stolen or embezzled and other proceeds or fruits threats.)
of the offense; or
Elements:
 That there is no just cause.
 That the offender is a public officer or employee
Note: A search warrant is valid for 10 days from its date.
 That religious ceremonies or manifestations of
Art. 130. Searching domicile without witness any religion are about to take place or are going
on.
Arresto mayor in its medium and maximum period (any  That the offender prevents or disturbs the same.
public officer or employee who, in case where a search is
proper, shall search the domicile, papers, or other Art. 133. Offending the religious feelings
belongings of any person, in the absence of the latter, any
Arresto mayor in its maximum period to prision
member of his family, or in their default, without the
correccional in its minimum period (anyone who, in a
presence of two witnesses residing in the same location.)
place devoted to religious worship or during the
Elements: celebration of any religious ceremony, shall perform
notoriously offensive to the feeling of the faithful.)
 That the offender is a public officer or employee;
 That he is armed with search warrant legally Art. 134. Rebellion or insurrection
procured;
 Is committed by rising publicly and taking arms
 That he searches the domicile, papers or other
against the Government for the purpose of
belongings of any person.
removing from the allegiance to said Government
 That the owner, or any member of his family, or
or its laws, the territory of the Republic of the
two witnesses residing in the same locality are
Philippines.
not present.
Elements:
Art. 131. Prohibition, interruption, and dissolution of
peaceful meetings.  That there be
- Public uprising.
Penalty:
- Taking arms against the Government.
Prision correccional in its minimum period  That the purpose of the uprising or movement is
either
 any public officer or employee who, without legal
grounds shall prohibit or interrupt the holding of
peaceful meetings or shall dissolve the same.
 any public officer or employee who shall hinder
any persons from joining any lawful association or
from attending any of its meetings.
 any public officer or employee who shall prohibit
or hinder any person form addressing, either
alone or together with others, any petition to the
authorities for the correction of abuses or redress
of grievances.

Elements common to the three acts punishable

 That the offender is a public officer or employee;

and
 That he performs any of the acts mentioned
above.