Article 114: Treason o They decide to commit it/ He proposes its execution

to some other person.

 Elements of Treason:
o Offender is a Filipino or resident alien; Article 116: Misprision of Treason
 For resident alien, he must have a
 Elements of Misprision
permanent resident status with the Bureau
o That the offender must owe allegiance to the
of Immigration.
government and not a foreigner
o There is a war in which the Philippines is involved;
o He has knowledge of a conspiracy against the
o Offender either
government
 levies war against the government; or
o He conceals of does not make known the same
 adheres to the enemies, giving them aid or
 Penalty is similar to that of an accessory in the crime of
comfort within the Philippines or elsewhere
treason
 Can be proven by:
 This can only apply if the discovery of treason is in its stage
o Testimony of at least two witnesses to the same
of conspiracy.
overt act; or
o Confession of accused in open court. Article 122: Piracy
 Difference Between Treason and Rebellion
 Elements of Piracy:
o Ion rebellion there is no foreign power involved. It is
o The vessel is on the high seas or Philippine waters;
merely an act of substituting the government with
their own. o Offenders are neither members of its complement
 Adherence and giving aid and comfort must concur in order nor passengers of the vessel;
for there to be treason o Offenders either –
 Purpose: Deliver the government to the enemy during war  a. attack or seize a vessel on the high seas
or in Philippine waters; or
Article 115: Conspiracy and Proposal to commit treason  b. seize in the vessel while on the high seas
or in Philippine waters the whole or part of
 Elements
its cargo, its equipment or personal
o There is a war in which the Philippines is involved;
belongings of its complement or
o At least two persons come to an agreement to or
passengers;
one person decides to –
o 4. There is intent to gain.
 (a) levy war against the government; or
 Piracy in the high seas:
 (b) adhere to the enemies, giving them aid
or comfort;
 o Contemplates the act of piracy in waters that are
not part of the territorial waters of any nation
 Jurisdiction is claimed by any courts where
the accused is arrested
 Piracy in Philippine Waters
o Piracy in Philippine waters contemplates piracy
being committed in any body of water in the
Philippines regardless of its depth, breadth or
length.
o Jurisdiction is vested in the Philippines
 Difference between piracy and mutiny
o Mutiny is committed by the ship’s crew or
passengers
o There is no intent to gain.
o And the attack is from the inside.
Article 123: Qualified Piracy
 Element of Qualified Piracy
o Similar elements with Piracy with the additional
qualifying circumstances of
Article 125: Delay in the Delivery of Detained Persons:
 Seizing or boarding the vessel by firing upon
the same
 Pirates abandoned their victims without the
means of saving themselves
 Offenders ACCOMPANIED THE CRIME WITH
Murder, Homicide, Physical Injuries or Rape
(Must be committed on the crew or
passengers)
Article 124: Arbitrary Detention:
 Element of Arbitrary Detention
o That the offender is a public officer or employee
o That he detains a person
o That the detention is without legal grounds
 Arbitrary detention is punishable when:
o Detention is not exceeding 3 days (Penalty AM Max
– PC Min)
o Detention is 4-15 days (PC- Med Max)
o Detention is 16 days to 6 months (PM)
o Detention is more than 6 months (RT)
 Difference between Arbitrary Detention and Illegal
Detention
o Arbitrary: Committed by Public Officer or Employee
o Illegal: By any private person
 Difference of Arbitrary Detention and Unlawful Arrest
o Arbitrary Detention: Offender is a public person or
employee with the intent to merely detain a person
o Unlawful arrest: Offender may be a private
individual with intent to deliver the person to
proper authorities and bring a charge.
 Elements of Delay in Delivery of detained persons
o Offender is a public officer or employee;
o He detains a person for some legal ground;
o He fails to deliver such person to the proper judicial
authorities within –
 (a) 12 hour for light penalties;
 (b) 18 hours for correctional penalties; and
 (c) 36 hours for afflictive or capital
penalties.
 Light vs. Correctional vs. Afflictive (Article 25)
 o Light: Arresto Menor (40K Pesos Penalty or less)
o Correctional: Arresto Mayor – Prision correctional
(40k-1.2M)
o Afflictive: Prision Mayor to Reclusion Perpetua
(More than 1.2M)
 Crime contemplates situations where a person has been
arrested under a valid warrantless arrest but was not
delivered to judicial authorities within the time prescribed
by law (Delay in the filing of information/complaint – does
not necessarily mean a physical delivery of the person).
 May be waived when a preliminary investigation was asked
for
o Period of detention
 Light offenses extended to 5 days
 Serious or less serious offenses extended to
Article 128: Violation of Domicile
7-10 days
 Difference of Delay in Delivery and Arbitrary Detention
o Arbitrary Detention: No legal cause to detain
o Delay: There is legal cause in the beginning to
detain but there was delay in the filing of
information thus making it illegal. Illegality of
detention starts from the time delay starts the
longer the person continues to be detained, the
higher the penalty.
Article 127: Expulsion
 Elements of Expulsion
o Offender is a public officer or employee; 2. He
either –
 (a) expels any person from the Philippines;
or
 (b) compels a person to change residence;
o Offender is not authorized to do so by law.
 Acts Punishable
o Expelling a person from the Philippines
o Compelling a person to change his residence
 If committed by a private person, it is tantamount to grave
coercion
 Only the President of the Philippines has the power to
deport aliens
 Only upon a lawful court order can compel a person to
change his residence.
 If a Filipino citizen is asked to leave the country, the crime is
grave coercion. Because a citizen cannot be deported from
the country
 Elements of Violation of Domicile
o That the offender is a public officer or employee
o That he is not judicially authorized to enter the
dwelling and or make a search therein for papers or
other effects
o That he commits the following acts
 Entering the dwelling against the will of the
owner
 Searching for papers and effects without
the consent of owner
 Refusing to leave the dwelling after being
asked to do so.
 Aggravating circumstances
o Offense committed at nighttime
 o Papers or effects not constituting evidence was not
immediately returned.
 It is necessary that the offender enters the domicile against
the will of the owner to constitute the crime of violation of
domicile.
 It is also necessary that the search is against the will of the
owner
o Silence may be considered as an implied waiver
Article 130: Searching Domicile Without Witnesses
 Search without warrant may be valid if:
o It is made incidental to an arrest
o It was made in a moving vehicle
o It was made to things in plain view.
Article 129: Abuse in the Service of a Warrant
 Two acts punished under Article 129
o Search Warrant maliciously obtained
 Elements
 That the offender is a public officer
or employee
 That he procures a search warrant
 That there is no just cause.
o Abuse in the Service of a warrant or exceeding
authority or using unnecessary severity in executing
Article 131: Prohibition, Interruption and dissolution of Peaceful
a warrant
Meetings
 Elements
 That the offender is a public officer
or employee
 That he has legally procured a
search warrant
 That he exceeds his authority or
uses unnecessary severity in the
executing of the same.
 There is a lack of just cause in the procurement of a warrant
if the application for the search warrant has been done in a
manner that perjury can be charged.
 Search is valid only up to 10 days.
 Elements of Searching Domicile Without Witnesses
o That the offender is a public officer or employee
o That he is armed with a search warrant legally
procured
o That he searches the papers and effects of any
person
o That the owner, or any member of his family or two
witnesses in the same locality are not present.
 Order who must be witnesses in a search
o Owner
o Members of the family of sufficient age or
discretion
o Members of the community.
 Elements of Prohibition of Peaceful Meetings
o That the officer is a public officer or employee
o That he performs the following acts
 Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting
  Hindering any person from joining any
lawful association or from attending ay of
its meetings
 If offender is a private individual, the crime is disturbance of
public order under Article 153.
 The government can regulate public assemblies as provided
by law. That’s why a permit is necessary for a protest.
However, an arbitrary denial of a permit is a violation of
Article 131
o Two criteria to determine whether Article 131 is
violated
 Dangerous Tendency Rule
Article 134: Rebellion or Insurrection
 Clear and Present Danger Rule.
 Officer must not be a participant but merely a third party. If
this is the case, it is instead a violation under Article 153.
Article 132: Interruption of Religious Worship
 Elements under Article 132:
o That the offender is a public officer or employee
o That religious ceremonies or manifestations of any
religion are about to take place or are going on
o That the offender prevents or disturbs the same.
 Qualifying circumstances
o If committed with violence or threats
Article 133: Offending Religious Feelings
 Elements under Article 133
o That the acts complained were performed in
 A place devoted to religious worship or
 During the celebration of a religious
ceremony
o That the acts must be necessarily offensive to the
feelings of the faithful
o That the offender is any person
 There must be an intent to offend the feelings. Mere
arrogance or rudeness is not enough.
 It is not necessary that the offensive act was committed in a
religious place during a ceremony. It is already sufficient
that the act was only committed in the place dedicated to
religious worship.
 Elements of Rebellion or Insurrection
o That there be
 A public uprising
 Taking of arms against the government
o That the purpose is either
 To remove from the allegiance of said
government or its laws
 The territory of the Philippines or
any part thereof or
 Any body of land, naval, or other
armed forces or
 To deprive the chief executive or congress,
wholly or partially any of their powers or
prerogatives.
 It is not necessary that the rebellion or insurrection to be
successful for the crime to be consummated. The act itself
consummates the crime.
 Persons Liable
 o Any person who promotes, maintains, or heads the
rebellion or insurrection
o Any public officer or employee who takes part
therein.
o Any person who participates
 Actual taking up of arms is necessary. Otherwise, the charge
is merely Direct Assault
 Rebellion cannot be complexed with other crimes.
o If a crime was committed without any political
motivation during the act of rebellion. The crime
shall be punished separately (People vs. Fernando)
 If the leader of the rebellion is unknown, any person who
does the following acts shall be deemed as the leader:
o Directed others
o Spoke for them
o Signed receipts and other documents issued in their
name
o Performed similar acts on behalf of the rebels
 Difference of Rebellion and Sedition
o As to the nature
 Rebellion requires an actual taking up of
arms against the government. In sedition, it
is sufficient that the public uprising be
tumultuous
o As to purpose
 In rebellion the purpose must be political. In
sedition, the purpose my be political or
social
Article 134A: Coup d’ Etat
 Elements of Coup d’ Etat:
o Swift Attack
o Accompanied by Violence, intimidation, threat,
strategy or stealth
o Directed Against
 Duly constituted Authorities
 Any military camp or installation
 Communication networks or public utilities
 Other facilities needed for the exercise and
the continued possession of power.
o Singly or simultaneously committed anywhere in
the Philippines.
 Committed by members of the military or
the police or those holding public office or
employment with or without civilian
support or participation.
 The objective may not be to overthrow the government but
only to destabilize or paralyze it
 Difference between Rebellion and Coup d’ Etat
o Rebellion by any person whether a private
individual or a private person. While Coup d’ Etat is
committed by a member of the police or the Armed
Forces or person holding public office or
employment
o The purpose of rebellion is to alienate the allegiance
of a people in the territory wholly, or partially from
a duly constituted government. While Coup d’ Etat’s
purpose is to seize or diminish state power.