FELONIES, CRIMES AND PENALTIES

BOOK 2 BY TITLE

Titles 1-6 - Against the Public

Title 1 National Security Title 2 Fundamental Laws of the State Title 3 Public Order Title 4 Public Interest Title 5 Drugs Title 6 Public Morals

Title 7 By Public Officers Title 8 Against Persons

Title 9 Against Personal Liberty and Security Title 10 Against Property Title 11 Against Chastity Title 12 Against the Civil Status of Persons Title 13 Against Honor Title 14 Quasi-Offenses

TITLES 1-6: AGAINST THE PUBLIC

Note Article 2 of the RPC providing for extraterritorial application of the Code to offenses involving national security and the law of nations (Title 1 Treason and espionage, Provoking war and disloyalty in case of war and Piracy and mutiny on the high seas in Philippine waters). In all the other titles, there is no extraterritorial application of the RPC.

ARTICLES 114, 116 TREASON AND MISPRISION OF TREASON

Elements of Treason:
Committed by a Filipino citizen or resident alien (a) levying war against PH, or (b) adheres to enemies of the PH by giving them aid or comfort within the PH or elsewhere

Misprision of treason is committed only by a citizen (one who owes allegiance to the PH without being a foreigner) and is a felony by both act and omission.
(a) with knowledge of a conspiracy against the PH, (b) conceals or does not (fails to) make known as soon as possible

Two-witness rule (no conviction unless based on the testimony of two witnesses to the same overt act) Committed in times of war only

Penalty is that of accessory to Treason

ART. 117 ESPIONAGE

I. By a Private Individual
(a) Enters a warship, fort, military establishment without authority (b) to obtain any information, plans, photographs or other data of a confidential nature relative to PH defense;

II. By a Public Officer

(a) Possesses confidential information by reason of public office; (b) discloses this to a representative of a foreign nation;

If the acts in (I) are committed by a public officer, penalty is the one next higher in degree.

ARTS. 118-121 PROVOKING WAR AND

DISLOYALTY IN CASE OF WAR

Art. 118 A public officer or private person provokes or gives occasion for war by unlawful or unauthorized acts or exposes PH citizens to reprisals. Art. 119 This involves violation of any rule imposed to maintain neutrality during a war where PH is NOT involved. Art. 121 A person who owes allegiance to PH attempts to flee to an enemy country when such flight is prohibited

Art. 120 Necessary element is war where PH is involved; violation is through correspondence with an enemy country or territory occupied by enemy troops
(a) by prohibited correspondence; (b) by ciphers or conventional signs; (c) through information that benefits the enemy;

ARTS. 122-123 PIRACY AND MUTINY

Piracy in general and mutiny on high seas in PH waters

(a) act is committed on the high seas or in PH waters, (b) by any person who shall attack or seize a vessel, or (c) seize the whole or part of the cargo, equipment or personal belongings of its complement or passengers.

Mutiny is not defined expressly but is understood to be the same acts as piracy except that they are performed by the crew. Qualified Piracy
(a) seizure of vessel by boarding or firing on the vessel; (b) abandonment of victims; (c) committed by murder/homicide, physical injuries or rape;

*Piracy is a predicate act of Terrorism under RA 9372

PD 532 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY ACT OF 1974

Sec. 4. PD 532 Abetting piracy is punished separately from piracy

(a) knowingly and in any manner aids or protects pirates, (b) acquires or receives property taken by pirates, or (c) directly or indirectly abets the commission of piracy

Under PD 532, offenders are considered accomplices of the principal offenders.

Cf. Art. 18, RPC acts of cooperation prior to or simultaneous with the acts of the principal, without being a principal.

TITLE 2 AGAINST THE FUNDAMENTAL LAW OF THE STATE

The common thread in all the felonies under this title is that they involve violations of fundamental rights, particularly those involving liberty of person, privacy of dwelling and freedom to worship. Consistent with the nature of the fundamental rights, these felonies are committed only by public officers (except Art. 133 - Offending the Religious Feeling)

ARTS. 124-127 LIBERTY OF PERSON

Art. 124 Arbitrary Detention

(a) No legal grounds* for detention (b) Relevant periods of detention is any period (minimum) up to beyond 6 months; (c) Penalty starts if detention is not longer than 3 days

Art. 125 Delay in delivery of detained persons to the proper judicial authorities
(a) detention is for a legal ground (b) failure to charge the person within 12-18-36 hours (lightcorrectional-afflictive/capital penalties*) from start of detention

*Commission of a crime or violent insanity are legal grounds for detention.

Only public officers with mandate to arrest and detain can commit this felony,

*Cf. Arts. 9 and 25 Cf also RA 9372 Terrorism Law, sec. 18 (provides an exception from Art. 125 to those who are authorized in writing by the Anti-Terrorism Council)

ARTS. 124-127 LIBERTY OF PERSON

Art. 126 Delaying release

(a) Material period of delay is that in Art. 124 (any period to beyond six months) (b) Delay in actual release or delivery of notice of release

Art. 127 Expulsion

(a) Two acts:

1. Expulsion 2. Compelled change of residence

(b) by any public officer without any lawful authority

Cf. Marcos v. Manglapus pro hac vice ruling

ARTS. 128-130 VIOLATION OF DOMICILE

Art. 128 Violation of domicile

(a) by a public officer without a judicial order who

Enters a dwelling against the will of the owner, searches without previous consent of owner, or refuses to leave dwelling after having surreptitiously entered and being required to leave;

Art. 129 Search warrants malicious obtained and abuse in service of legal SWs Art. 130 Searching domicile without witnesses
Two witnesses from the same locality Cf. Rule 126, sec. 8

Qualifying circumstances: (a) nighttime, (b) non-return of papers and effects that are not contraband

ARTS. 131 PEACEFUL MEETINGS

Art. 131 Prohibition, interruption, dissolution of peaceful meetings

(a) no legal ground (b) prohibit, interrupt, dissolves peaceful meeting (c) hinder any person from joining any lawful association or attending any of its meetings; (d) prohibit or hinder any person from addressing any petition for correction of abuses or redress of grievances

ARTS. 132-133 RELIGIOUS WORSHIP

Art. 132 Interruption of religious worship

Art. 133 Offending the religious feelings

(a) may be committed by a public officer or a private individual; (b) performs acts notoriously* offensive to the feelings of the faithful; (c) in a place devoted to religious worship or during the celebration of any religious ceremony;

(a) Prevent or disturb the ceremonies or manifestations of any religion; (b) Higher penalty if committed with violence or threats

*Question of fact; understood as anything that is insulting or demeaning

TITLE 3 - PUBLIC ORDER OFFENSES

The common thread for all these felonies (Arts. 134 to Arts. 159) is that they disrupt or have the tendency to disrupt general welfare and public life by undermining the enjoyment of the liberty of others or the stability of governmental actions.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 134 Rebellion or insurrection

(a) public armed uprising (b) against the government (c) for the purpose of:

1. removing from it allegiance; 2. depriving the President or Congress, wholly or partially, of any of their powers or prerogatives

No specific definition of insurrection as opposed to rebellion Commentators make a distinction as to the scope of the uprising; if directed against the entire government, it is rebellion, if it is only as against particular areas, insurrection. The basis for this distinction is however unclear.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 134 Rebellion or insurrection

No complex crime of rebellion with other offenses. The absorption principle in Hernandez remains to be good law.

Can a person who has knowledge of a rebellion but conceals or fails to disclose the same be held liable? No, unlike misprision of treason, there is no felony of misprision of rebellion.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 134 Rebellion or insurrection

Can rebellion be committed by a single person? No, because there is a requirement of a public uprising, which contemplates an act of a group of persons.

Art. 135 punishes with separate and distinct penalties the leader of a rebellion, coup deetat as well as a participant. If the leader is unknown, the person who speaks for the rebellion, coup detat is deemed the leader.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 134 Rebellion or insurrection Can a rebellion be committed by public officers? While Art. 134 does not appear to distinguish, it would appear that if the same acts are performed by a public officer, it would be coup detat.

Art. 136 Coup detat

(a) Swift attack (b) with violence, threat, strategy, or stealth (c) directed against duly constituted authorities of the PH, or any military camp, or installation, communications networks, public utilities or any other facilities needed for the exercise and continued possession of power (d) for the purpose of seizing or diminishing state power. (e) by any person/s belonging to the military, police or holding public office with or without civilian support.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 136 Coup detat Like rebellion, a coup detat has a political motive. Unlike rebellion, it may be done singly. Can a coup detat be committed in any location? No, the RPC expressly requires that it be directed against an installation or places needed for the exercise and continued possession of power.

Can a rebellion or a coup detat be committed in the frustrated and consummated stages? It depends on how the last act that brings about the felony is defined. If it is defined by the result, i.e., that the purpose is achieved, then unless government falls, both felonies will only exist in the frustrated stage. If it is not defined by the achievement of the purpose, then the frustrated stage will never exist.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 138 Inciting to rebellion or insurrection There is no felony of inciting to a Coup detat
(a) without taking arms against the government or being in open hostility to government, (b) incites others to the execution of any of the acts in Article 134 (c) through speeches, writings, or other means directed toward that end.

Art. 139. Sedition

(a) public and tumultuous uprising (b) to attain by force, intimidation, or by other means other than legal, the ff objectives:

1. prevent the promulgation or execution of any law or the holding of any election; 2. prevent the government or any public officer from freely exercising functions, 3. inflict any act of hate or revenge upon a public officer 4. commit for any political or social end, any act of hate or revenge against private persons or any social class 5. despoil for any political or social end, any person, municipality or province or the national government.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 140 Inciting to sedition

(a) no part in the sedition (b) incite others to commit sedition (c) uttering words or making speeches, write, publish or circulate scurrilous libels against the government, or which tend to disturb or obstruct any officer in executing the functions of his office, or tend to instigate others to cabal and meet together for unlawful purposes, or which lead or tend to stir up the people against the authorities or to disturb the peace of the community and safety of the government, (d) or shall knowingly conceal such evil practices.

Art. 139. Sedition

(a) public and tumultuous uprising (b) to attain by force, intimidation, or by other means other than legal, the ff objectives:

1. prevent the promulgation or execution of any law or the holding of any election; 2. prevent the government or any public officer from freely exercising functions, 3. inflict any act of hate or revenge upon a public officer 4. commit for any political or social end, any act of hate or revenge against private persons or any social class 5. despoil for any political or social end, any person, municipality or province or the national government.

ARTS. 134-142 POLITICAL MOVEMENTS

Art. 142 Inciting to sedition

(a) no part in the sedition (b) incite others to commit sedition (c) uttering words or making speeches, write, publish or circulate scurrilous libels against the government, or which tend to disturb or obstruct any officer in executing the functions of his office, or tend to instigate others to cabal and meet together for unlawful purposes, or which lead or tend to stir up the people against the authorities or to disturb the peace of the community and safety of the government, (d) or shall knowingly conceal such evil practices.

Art. 139. Sedition

(a) public and tumultuous uprising (b) to attain by force, intimidation, or by other means other than legal, the ff objectives:

1. prevent the promulgation or execution of any law or the holding of any election; 2. prevent the government or any public officer from freely exercising functions, 3. inflict any act of hate or revenge upon a public officer 4. commit for any political or social end, any act of hate or revenge against private persons or any social class 5. despoil for any political or social end, any person, municipality or province or the national government.

THE CONSPIRACIES AND PROPOSALS

Art. 115 C/P to commit treason Art. 136 C/P to commit rebellion or coup detat Art. 141 C to commit sedition (*no proposal) Art. 186 Monopolies and Combinations in Restraint of Trade Art. 306 Brigands (more than three armed persons form a band cf. Art. 14(6) acted together)

RA 9165, sec. 26 Conspiracy in the ff. acts: 1. Importation of DD, controlled precursor or essential chemical; 2. Sale, trade, administration, dispensation, delivery, distribution and transportation of DD, CP, EC; 3. Maintenance of den, dive, or resort where DD is used in any form; 4. Manufacture of any DD, CP, EC; 5. Cultivation or culture of plants which are sources of DD

CONSPIRACIES AND PROPOSALS

RA 9372 (Terrorism)

Sec. 4 - there is a conspiracy when two or more person come to an agreement concerning the commission of the crime of terrorism (under sec. 3) and decide to commit the same.

ARTS. 143-145 AGAINST POPULAR REPRESENTATION

Art. 143 Preventing the meeting of the Assembly and similar bodies

Art. 145 Violation of parliamentary immunity

(a) through force, intimidation, threats or fraud, (b) prevents any member of the Congress from attending the meetings of congress or any of its committees, expressing his opinions or casting his vote (c) on any public officer who shall arrest or search any member of Congress while it is in session unless the member has committed a felony punished by a penalty higher than prision mayor.

(a) by force or fraud (b) prevents the meeting of the Congress or any of its committees or sub committees

Art. 144 Disturbance of proceedings

(a) any disturbance (b) or in the presence of any such bodies should behave in a manner as to interrupt its proceeding or impair the respect due it.