crimes against national security - TCME

crime against the law of nation - IVCFP

elements of treason

1. offender must be a filipino citizen or an alien residing in the phil

2. that there is a war in which the phil is involved

3. that the offender either:

a. levies war against the gov

b. adheres to the enemies by giving them aid or comfort

• allegiance - is the obligation of fidelity and obedience which the

individuals owe to the gov under which they live or to their soveriegn,
for the protection they recieve

•best defense for treason: duress, lawful obedience to a de facto gov.

duress or coercion refers to a situation whereby a person performs an

act as a result of violence, threat or other pressure against the person.

•2 ways of committing treason:

1. testimony of 2 witnesses, at least to the same overt acts

2. confession of the accussed in open court

•aggravating circumstances in treason - cruelty & ignominy

•evidenty premeditation is not aggravating in treason

•superior strength & treachery is inhirent in treason

Conspiracy to commit treason

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

committed 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, proposes its execution to some other person or persons.

misprision of treason
elements:
a.that the offender must be owing allegiance to the gov and not a
foreigner
b.that he has knowledge of any conspiracy against the gov
 c.that he conceals or does not disclose and make known the same as soon
as possible to the governor or fiscal of the province or the mayor or the
fiscal of the city on which he resides.

espionage

A. “Entering”
Elements:
1. Offender – enters a Warship, Fort,Naval or Military establishment or
reservation
2. He has no authority to do so
3. Purpose – to obtain Information, Plans, Photographs or other data of a
confidential nature relative

B. “Disclosing”
1. Offender – public officer
2. He has in his possession the said articles, data or information by reason of
the public office he holds
3. He discloses their contents to a representative of a foreign nation.

122. PIRACY IN GENERAL AND MUTINY

ON THE HIGHT SEAS
Elements:
1. A vessel is on the high seas or in Philippine waters
2. Offenders – not members of its complement or passengers of vessels
3. Offenders – (a) attack or seize that vessel, or (b) seize the whole or part of
the cargo of said vessel, its equipment or personal belongings of its
complement or passengers.

Piracy – robbery or forcible depredation on the high seas without lawful

authority and done with intent to steal.
Piracy vs. robbery on the high seas: there is violence against or intimidation
of persons or force upon things in taking the property in the vessel --
Robbery – offender is a member of the complement or a passenger of the
vessel;
Piracy – offender is NOT a passenger or a member of the complement of the
vessel.
Mutiny – usually committed by the other members of the complement and
may be committed by the passengers of the vessel.

It is the unlawful resistance to a superior officer or the raising of commotions

and disturbances on board a ship against the authority of its commander.

123. QUALIFIED PIRACY

There should be piracy or mutiny in the high seas. This will be qualified if any
of the following circumstances is present:
1. Whenever the pirates have seized the vessel by boarding or firing upon the
same;
2. Whenever the pirates have abandoned their victims without means of
saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape.
** This is a special complex crime punishable by reclusion perpetua
regardless of the number of victims.
** Any person who aids or protects pirates or abets the commission of piracy
shall be considered as an accomplice.

TITLE TWO: CRIMES AGAINST THE

FUNDAMENTAL LAWS OF THE STATE
(ADD-EVSS-PIO)
1. Arbitrary detention (124)
2. Delay in the delivery of detained persons to the proper judicial authorities
(125)
3. Delaying release (126)
4. Expulsion (127)
5. Violation of domicile (128)
6. Search warrants maliciously obtained and abuse in the service of those
legally obtained (129)
7. Searching domicile without witness (130)
8. Prohibition, interruption, and dissolution of peaceful meetings (131)
9. Interruption of religious worship (132)
10.Offending of religious feelings (133)

1. Arbitrary detention (124)

Elements:
1. Offender – public officer or employee
2. Offender – detains a person
3. Detention – without legal grounds

** Public officers liable – must be vested with authority to detain or order the
detention of persons accused of a crime; i.e. policemen, judges, mayor.

Legal grounds for the detention of a person:

1. Commission of a crime
2. Violent insanity or other ailment requiring compulsory confinement of the
patient in a ospital.

Warrantless arrest:
1. When in the presence of a peace officer or a private person, the person to
be arrested has committed, is actually committing, or is attempting to
commit an offense;
2. When an offense has in fact just been committed, and he has probable
cause to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or
temporarily confined while is case is pending, or has escaped while being
transferred from one confinement to another.
* illegal detention - if detention is committeed by other public officers or a
private individual

125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE

PROPER JUDICIAL AUTHORITIES
Elements:
d.Offender – public officer or employee
e.Offender – detained a person for some legal grounds
f.Offender – fails to deliver person to proper judicial authorities within:
12 hours – offenses of light penalty
18 hours – offenses of correctional penalty
36 hours – offenses of afflictive or capital penalty

•art 125 applies only when arrest is made without warrant.

•if with warrant, the arresting officer can detain him indifinitely until his
case is decided by the court

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

1. Rebellion or insurrection (134)
2. Coup d’etat (134-A)
3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
(136)
4. Disloyalty of public officers or employees (137)
5. Inciting to rebellion (138)
6. Sedition(139)
7. Conspiracy to commit sedition (141)
8. Inciting to sedition (142)
9. Acts tending to prevent the meeting of
Congress and similar bodies (143)
10.Disturbance of proceedings of
Congress or similar bodies (144)
11.Violation of parliamentary immunity (145)
12.Illegal assemblies (146)
13.Illegal association (147)
14.Direct assaults (148)
15.Indirect assaults (149)
16.Disobedience to summons issued by Congress, its committees, etc., by
the constitutional commission, its committees, etc. (150)
17.Resistance and disobedience to a person in authority or the agents of such
person (151)
18.Tumults and other disturbances of public order (153)
19.Unlawful use of means of publication and unlawful utterances (154)
20.Alarms and scandals (155)
21.Delivering prisoners from jails (156)
22.Evasion of service of sentence (157)
23.Evasion on occasion of disorders (158)
24.Violation of conditional pardon (159)
25.Commission of another crime during service of penalty imposed for
another previous offense (160)
134. REBELLION OR INSURRECTION
Elements:
g.There is (a) public uprising and (b) taking arms against the government.
h.Purpose of uprising or movement:
i.to remove from the allegiance to said government or its laws
j.the territory of the Philippines or any part thereof; or
k.any body of land, naval or armed forces; or
b. to deprive the Chief Executive or Congress, wholly or partially
of any of their powers or prerogatives.
•Rebellion – its object is completely to overthrow and supersede the existing
government.
•Insurrection – a movement which seeks merely to effect some change of
minor importance, or to prevent the exercise of governmental authority
with respect to a particular matter or subject.
** Purpose of the uprising must be shown.
** It is not necessary that the purpose of the rebellion be accomplished – if
they are successful, they get to hold the government;
they will not sue their own selves.

•rebellion or insurrection considered as terrorism:

- sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce the
government to give in to a unlawful demand.

Treason
l.Levying of war against the government, performed to aid the enemy;
m.May be committed by mere adherence to by the enemy giving him aid
or comfort;
n.Can be committed by an individual;
o.Crime against national security

Rebellion
p.Levying of war against the government for reasons: remove from
allegiance to government and deprive president and congress of any of
their powers;
q.Always involves taking up arms (uprising) against the government;
r.Multitude/ crime of masses.
s.Crime against public order

134-A. COUP D’ETAT

Elements:
t.Offender – person/s belonging to the military or police holding any public
office or employment;
u.Committed – swift attack accompanied by violence, intimidation, threat,
strategy or stealth;
v.Attack – directed against duly constituted authorities of the Philippines
or any military camp or installation, communication networks, public
utilities, or other facilities needed for the exercise and continued
possession of power;
w.Purpose of attack – to seize/diminish state power
137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
Elements:
1. Offender – public officer or employee
2. Offender – must not be in conspiracy with the rebels
3. Does any of the following acts:
x. Failing to resist rebellion by all the means in their power;
y. Continuing to discharge the duties of their offices under the control of
the rebels;
z. Accepting appointment to office under them.
There should be the existence of rebellion by OTHER PERSONS

INCITING TO REBELLION OR INSURRECTION

Elements:
1. Offender – does not take arms or is not in open hostility against the
government;
2. Offender – incites others to rise publicly and take arms against the
government for the purposes of rebellion
3. Done by means of speeches, proclamations, writings, emblems, banners,
or other representations tending to the same end.

139. SEDITION
Elements:
1. Offenders – rise publicly and tumultuously;
2. Offenders – employ Force, Intimidation, or other means outside of legal
methods;
3. Objects:
a. To prevent the promulgation or execution of any law of the holding
of any popular election;
b. To prevent the National Government, or any provincial or municipal
government, or
any public officer thereof from freely exercising its or his functions, or
prevent the execution of any administrative order;
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; and
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.

Sedition
•Public uprising – tumultuous
•Purpose may be political or social
•Common crimes not absorbed
•Proposal is not punished
•Objects – raising of commotions or disturbances in the state; (5 objects of
sedition)
•Offended party – government, public officers or employees, private
 persons and social class
Rebellion
•Taking up of arms against the government
Purpose is always political
•Common crimes are absorbed
•Proposal is punished
•Objects: purpose of taking arms against government; (remove from
allegiance and deprive exec. and legis. of freely exercising their
powers)
•Offended party – state as a whole

142. INCITING TO SEDITION

Elements:
1. Offender – does not take direct part in the crime of sedition
2. Offender – incites others to the accomplishment of any of the acts which
constitute sedition
3. By means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end -
a. or utter seditious words or speeches, write, publish or circulate
scurrilous libels against the government of the Philippines, or any
of the duly constituted authorities thereof;
b. or which tend to disturb or obstruct any lawful officer in executing
the functions of his office;
c. or which tend to instigate others to cabal and meet together for
unlawful purposes
d. or which suggest or incite rebellious conspiracies or riots;
e. or which lead or tend to stir up the people against unlawful
authorities or to disturb the peace of the community, safety and
order of the government;
f. or who shall knowingly conceal such evil practices.
** It is not necessary that the words used should in fact result in a rising of
people against the constituted authorities. Its purpose is to punish utterances
which may endanger public order.
Scurrilous – low, vulgar, mean, or foul.

Two rules relative to seditious words:

1. The clear and present danger rule
a. danger of a public uprising –
danger should be clear and imminent
b. there must be reasonable ground to believe that the danger apprehended
is
imminent, and the evil sought to be prevented is a serious one.
– probability of serious injury
2. The dangerous tendency rule
a. words used tend to create a danger of public uprising;
b. when the words uttered or published could easily produce dissatisfaction
among the people and a state of feeling in them incompatible with a
disposition to remain loyal to
the government and obedient to laws

146. ILLEGAL ASSEMBLIES

Meeting attended by armed persons – any crimes under RPC
Elements:
1. Gathering of persons – fixed place or moving
2. Attended by armed persons
3. Purpose – commit any crime under RPC
** The persons present at the meeting must be armed
– NOT ALL persons must be armed.
** The unarmed person merely present at the meeting is liable.
Armed/not – treason, rebellion, insurrection, sedition, or direct assault
Elements:
1. Meeting or gathering of persons
2. Audience, armed or not, incited to commit treason, rebellion,
insurrection, sedition, or direct assault
** Audience is actually incited.
- Persons liable are the organizers or leaders of, and persons merely present
at the meeting;
- Incited to commit rebellion or sedition –
(a) illegal assembly as regards the organizers or leadersand persons merely
present, and
(b) inciting to sedition insofar as the once inciting is concerned.

** The persons merely present at the meeting must have a common intent to
commit the felony of illegal assembly. The absence of such intent may
exempt the person present from criminal liability.
** Unlicensed firearm – presumed for the purpose of the meeting; he is
considered a leader or organizer of the meeting.
** Illegal possession of firearms – absorbed;
if acquitted, separate crime of illegal possession of firearms.

148. DIRECT ASSULTS

Force or intimidation (1st form)
Elements:
1. Offender – employs force or intimidation
2. Aim – attain any of the purposes of REBELLION and SEDITION
3. No public uprising

Makes attack, employs force, serious intimidation, serious resistance

(2nd form)
Elements:
1. Offender – makes attack, employs force, makes serious intimidation,
serious resistance
2. Victim – person in authority or his agent
3. Offender knows victim is a person in authority
4. Victim: (a) engaged in actual performance of duty, or (b) by reason
of past performance of duty
5. No public uprising
Attack – includes offensive or antagonistic movement or action of any kind.
Force – must be of serious character as to indicate determination to defy the
law and its representative at all hazards.

•The force employed need not be serious when the offended party is a
person in authority.
•The intimidation or resistance must be serious whether the offended
party is an agent only or he is the person in authority.
•When a person in authority or his agent is the one who provokes and
attacks another person, the latter is entitled to defend himself and
cannot be held liable for assault or resistance not for physical injuries,
because he acts in legitimate defense.
•When a person in authority or his agent exceeds his power or acts
without authority, it is not the exercise of the functions of his office.
When he makes unnecessary use of force or violence and goes
beyond the limits of his power, he acts as a private person.
•There can be no assault upon or disobedience to one authority by
another when they both contend in the exercise for their respective
duties. (The crime committed may be physical injuries only).

** The accused must have the knowledge that the offended party was a
person in authority (or agent) in the exercise of his duties, because the
accused must have the
intention to offend, injure or assault the offended party as a person in
authority or agent of such person.

** The defendant must have the intention to defy the authorities.

Qualified assault:
1. committed with a weapon;
2. offender is a public officer or employee;
3. offender lays hands upon a person in authority.

149. INDIRECT ASSAULT

Elements:
1. Person in authority or his agent is the victim of any of the forms of direct
assault;
2. Another person comes to the aid of such authority or his agent;
3. The offender makes use of force or intimidation upon such person coming
to the aid of the authority or his agent.

** Indirect assault is committed only when direct assault is also committed.

151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY

OR HIS AGENTS
Resistance and serious disobedience
Elements:
1. Person in authority or his agents – engaged in the performance of
official duty or gives a lawful order to the offender (direct order)
2. Offender – resists or seriously disobeys him
 3. Act of offender is not included in articles 148, 149, 150
** A person cannot be guilty of disobedience to an order which is not
addressed to him.
** The accused must have knowledge that the person arresting him is a
peace officer.
Simple disobedience
1. Person in authority or his agents – engaged in the performance of official
duty or gives a lawful order to the offender
2. Offender – disobeys
3. Disobedience is not of serious nature.
** The order must be lawful – otherwise, the resistance is justified.

153. TUMULTS AND DISTURBANCES

They are:
1. Causing any serious disturbance in a public place, office or establishment;
2. Interrupting or disturbing performances, functions or gatherings or
peaceful meetings, if the act is not included in arts. 131 and 132;
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association, or public place;
4. Displaying placards or emblems which provoke a disturbance of public
order in such place;
5. Burying with pomp the body of a person who has been legally executed.
** Offender – a participant in the meeting.

155. ALARMS AND SCANDALS

Punished:
1. Discharging any firearm, rocket, firecracker, or other explosive calculated
to cause alarm or danger;
2. Instigating or taking active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
3. Disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements;
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided art. 153 is not applicable.

156. DELIVERING PRISONERS FROM JAIL

Elements:
1. Person confined in a jail or penal establishment;
2. Offender removes or helps escape by means of –
a. violence intimidation, or bribery;
b. taking the guards by surprise, if the escape of the prisoner shall take
place outside the said establishment.

157. EVASION OF SERVICE OF SENTENCE

Elements:
1. Offender – convict by a final judgment
2. Offender – serving his sentence which consists of deprivation of liberty
3. Offender – evades service of sentence by ESCAPING the term of his
sentence
FORGING – committed by giving to a treasury or bank note or any instrument
payable to bearer or to order the appearance of a true and genuine
document; to make false
instrument intended to be passed for a genuine one.
FALSIFICATION – committed by erasing, substituting, counterfeiting or
altering by any
means the figures, letters, words, or signs contained therein.

COUNTERFEITING
1. Intent to imitate, or attempt to imitate
2. The genuine and the forged bear some resemblance to each other
MAKING UNTRUTHFUL STATEMENTS
1. Offender – makes in a document statements in a narration of facts;
2. Offender- has the LEGAL OBLIGATION to disclose the truth of the facts
narrated by him;
3. Facts narrated are ABSOLUTELY FALSE;
4. Such act was made with the WRONGFUL INTENT OF INJURING A THIRD
PERSON (for private documents only)
** There is a law requiring the disclosure o the truth.
** The person making false statements must be aware of the falsity of the
facts narrated.
ALTERING TRUE DATES
** Date must be ESSENTIAL – the alteration of dates in a document must
affect either the VERACITY of the document or the effects thereof.

172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF

FALSIFIED DOCUMENTS
Falsification of public, official, or commercial document by a private individual
Elements:
1. Offender – private individual or public official or employee who did not take
advantage of his official position;
2. He committed any of the acts of falsification enumerated in art 171
3. Falsification was committed in a public, official, or commercial document.
PUBLIC DOCUMENT – any instrument authorized by a notary public or a
competent
public official with the solemnities required by law.
OFFICIAL DOCUMENT – a document issued by a public official in the exercise
of the
functions of his office.
COMMERCIAL DOCUMENT – any document defines and regulated by the Code
of
Commerce.
** The possessor of a falsified document is presumed to be the author of the
falsification.
** Lack of malice or criminal intent is a defense in falsification of public
document.
Falsification of private document:
Elements:
1. Offender – committed any acts of falsification enumerated in art 172,
except in paragraph 7;
2. Falsification is committed in any private document;
3. Falsification caused damage to a third
party, or at least with intent to cause such damage.
** Complex crime – public, official, or commercial documents
** One crime – private document, cannot be complexed with any crime
(against property)

177. USURPATION OF AUTHPRITY OR OFFICIAL FUNCTION

Committed:
1. By representing himself to be an officer, agent or representative of any
department or agency of the government;
2. By performing an act pertaining to a person in authority or public officer.
** Mere act of knowingly and falsely representing oneself to be an officer, etc.
issufficient. There must be positive, express and explicit representation.

178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME

Using fictitious name
Elements:
1. Offender – uses a name OTHER that his REAL name
2. He uses this name PUBLICLY
3. Purpose –
a. conceal a crime;
b. evade execution of a judgment;
c. cause damage to public interest

Concealing true name

Elements:
1. Offender conceals –
a. his true name
b. all other personal circumstances
2. Purpose – conceal his identity

DEFENDANT
Elements:
1. Criminal proceeding
2. Offender – testifies falsely under oath against the defendant
3. Offender knows the falsity of such testimony
4. Defendant – must be convicted or acquitted in a final judgment.
** Defendant must be sentenced to a correctional penalty, fine, or must be
acquitted.

181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT

** Reason – tendency to favor or prejudice the defendant
** The false testimony in favor of defendant need not directly influence the
decision of
acquittal.

182. FALSE TESTIMONY IN CIVIL CASES

Elements:
1. Testimony given in a civil case;
2. Testimony relates to the issues presented in said case;
3. Testimony is false;
4. Defendant knows the falsity of such testimony;
5. Testimony us malicious and given with intent to affect the issue presented
in
the case.
183. PERJURY
Elements:
1. Accused – made a statement under oath or executed an affidavit upon a
material matter;
2. Such was made before a competent officer authorized to receive and
administer oath;
3. Such was made in a willful and deliberate assertion of falsehood;
4. Such false statement or affidavit us REQUIRED BY LAW.

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

1. Grave scandal (200)
2. Immoral doctrines, obscene publications and exhibitions (201)
3. Vagrancy and prostitution (202)
200. GRAVE SCANDAL
Elements:
1. Offender – performs an act: highly scandalous as offending against
decency or good customs;
2. Highly scandalous conduct is not expressly falling within any other article
of this code;
3. Such act is committed in a PUBLIC PLACE or within the public knowledge or
view.