Criminal Law 2

Ms. Kristine D. Detecio, RM, RCrim

Crimes against National Security Punishable Acts

1. Treason (Art.114) 1.Levying war – requires concurrence of:
2. Conspiracy (Art. 115)
3. Misprision of Treason (Art. 116) a. An actual assembling of men; and
4. Espionage (Art.117) b. For the purpose of executing a
treasonable design against the government.
Crime against the Law of Nations 2. Adherence to enemies – requires concurrence
1.Inciting to War and giving motive for reprisal of: a. Actual adherence to the enemies; and
(Art.118)
2.Violation of Neutrality (Art.119) →Adhere- means favoring the enemy.
3.Correspondence with Hostile Country (Art.120) b. Giving aid or comfort to them.
4.Flight to enemy country (Art. 121)
→The act of strengthening or aiding to
5.Piracy and mutiny (Art.122)
strengthen the enemy.
6.Qualified Piracy and Mutiny (Art.123)
→The act of weakening or aiding to weaken the
Philippines.
TREASON
ART.114 Extent of Aid or Comfort
It must be a deed or physical activity, such
→is a breach of allegiance to a government
as acts furnishing the enemy with arms, troops,
committed by a person who owes allegiance to it.
supplies, information or means of transportation,
ELEMENTS: and not merely a mental operation.
1.that the offender: The overt act must be intentional. There
is no treason through negligence.
A Filipino citizen or a Resident Alien who owes
Allegiance to the Government of the Phil. Ways to prove:

2. the offender either: 1.Treason (Overt act of giving aid or

comfort)
A. Levies war against the Government; or
a. Testimony - at least 2 witnesses to the same
B. Adheres to the enemies by giving them aid or overt act; or b. Judicial confession of the accused
comfort. in open court.
3. that there is a War in which the 2. Adherence
Philippines is involved.
a. Testimony - one witness sufficient; b. Nature of
act itself; or c. Circumstances surrounding the act.
Notes:
Allegiance Acceptance of public office and discharge of
→is the obligation of fidelity and obedience official duties under the enemy
which the individual owes to the gov’t in return Mere acceptance of public office and
for the protection he receives. It is the obedience discharge of official duties under the enemy do
of an individual to the laws of the government or not constitute the felony of treason. But when
sovereign in which be resides or is a citizen. the position is policy determining, the acceptance
→means loyalty or commitment of subordinate of public office and the discharge of official duties
to a superior or an individual to a group or cause. constitute treason.

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 Proposal → person has decided to commit
Cases: treason and proposes its execution to others.

Q. Supposing the Philippines government was →Conspiracy and proposal to commit a felony is
at war with Japan. We were all unarmed inside not punishable as a rule (Art.8)
this classroom and were discussing ways and
means of effectively delivery the government →In Art.115, the mere conspiracy to commit
into the hands of a foreign power. May we be
treason or the mere proposal to commit treason
held liable for treason?
is a felony.
A. Yes. there is compliance with all the
elements of levying war against the →The 2-witness rule does not apply to
government.
conspiracy or proposal to commit treason.

Note: it is not necessary that this assembly of

→Mere agreement and decision to commit-
men be armed. the law does not qualify. Consummates the crime
→Mere proposal, even without acceptance, is
Q. Supposing that during the Japanese punishable too. If the other person accepts, the
occupation., certain Filipinos were moving crime is already conspiracy to commit treason.
around, convincing the people that the
principles of the Japanese government were
better than those of the Philippine. Is this
MISPRISION OF TREASON
treasonous? ART.116

A. No, there is only adherence in this case.

Adherence & giving aid and comfort must occur →is the failure of a citizen to report, as soon as
to consummate the crime of treason in the possible from coming to know thereof, a
second mode.
conspiracy to commit treason against the
Philippine government. But there must be a war
CONSPIRACY AND PROPOSAL TO in which the Philippines is involved.
COMMIT TREASON
ART.115 Elements:
1. That the offender is a citizen of the Philippines,
Elements: and not a foreigner;
1. Proposal to Commit Treason 2. That he has knowledge of any conspiracy
A. In times of War; against the Government;
B. A Person who has decided to levy war 3. That the conspiracy is one to commit treason;
against the government, or to Adhere to the 4. That he conceals or does not disclose and
enemies and to give them aid or comfort; and make known the same, as soon as possible from
C. Proposes its execution to some other coming to know thereof, to the proper authority.
person/s.
2. Conspiracy to Commit Treason To whom conspiracy must be reported
A. In times of War. 1) governor, 2) provincial fiscal, 3) mayor, or
B. Two Or More persons come to an 4) city fiscal or to any high ranking
Agreement to – Government official of the DILG.
i. Levy war against the government; or
Notes:
ii. Adhere to the enemies and to give them aid or Art.116 – Misprision of Treason does not apply
comfort; and
when the crime of treason is already committed
C. They Decide to commit it.
because Art. 116 speak of “knowledge of
Notes: Conspiracy against…….xxxx.”
Conspiracy →In time of war, two or more persons
agree and decide to commit treason.

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-Art.116 as exception to rule that mere silence information referred to in the proceeding
does not make a person criminally liable. paragraph , which he had in his possession by
reason of the public office he holds.
-Offender as accessory to treason, but a principal
in the crime of misprision. Elements:
A. That the offender is a public officer.
The offender under Article 116 is punished as an
accessory to the crime of treason, which is two B. He has in his possession the articles,
degrees lower than the penalty for treason, but is data or information referred to in paragraph no. 1
a principal offender in the crime of misprision of of Art. 117 by reason of the public office he holds;
treason. C. He discloses his contents to a
representative of a foreign nation.
Cases: Notes:
Q. X, a Filipino citizen, has knowledge of treason
committed by someone and does not report its commission Other act of Espionage Under C.A 616
to the proper authorities. Can he be held liable for
Misprision of Treason?
1.Unlawful obtaining or permitting to be obtained
information affecting national defense-(Sec.1)
A. No, Misprision of Treason does not apply when the
here , physical entrance is not necessary
crime of treason is already committed. This is because
Art.116 speak of “Knowledge of any conspiracy against” 2.Unlawful disclosing of information affecting
the Government of the Philippines, not knowledge of national defense.( Sec, 2)
treason actually committed by another.
3.Disloyal acts or words in times of peace.( Sec.3)
ESPIONAGE
4.Disloyal acts or words in times of war.( Sec.4)
ART.117
5.Harboring or concealing violators of the
→ is the offense of gathering, transmitting, or law.(Sec.5)
losing information with respect to the national
defense, with intent or reason to believe that the ESPIONAGE TREASON
information is to be used to the injury of the
AS TO WHEN May be Is committed
Republic of the Philippines or the advantage of a THEY committed only in time of
foreign nation. SHOULD BE both in time war
COMMITTED of peace and
What are the 2 ways of committing espionage? in time of
war
1.By entering without authority, a warship , fort, AS TO May be Limited to 2
or military or naval establishment or reservation MANNER OF committed in ways: 1.
to obtain any information, plan , or other data of COMMISSION many ways Levying war;
confidential nature relative to the defense of the not only and 2.
Philippines. because of Adhering to
Art. 116 but the enemy,
Elements: in view of the giving them
passage of aid or comfort
A. That the offender enters any of the
C.A. No. 616
places mentioned therein;
NOTE: Both are crimes not conditioned by the
B. He has no authority therefor; citizenship of the offender.
C. The purpose is to obtain information, Cases:
plans, photographs or other data of a confidential
Q. A high-ranking official has possession of
nature relative to the defense of the Philippines
classified information, in order to impress a foreign
2.By disclosing to the representative of a foreign beauty candidate, he shared the information with
nation, the contents of the articles, data or
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 her. May he be criminally liable under the second expose Filipino citizens to reprisals on their
manner of commission? persons or property.
A. Yes. The law speaks of “Representative”. It
If both elements concur, the crime is committed
makes no distinction as to what kind of
representative. A foreign beauty candidate is a regardless of his intentions.
representative of her nation.
Notes:

Q. Suppose a journalist who was accosted told the •There are 2 crimes here : Inciting to war/ Giving
authorities that he only wanted to take pictures of motives for reprisals.
modern war machines he previously read about in
the Manila Bulletin. Can he be held liable? •Committed only in times of peace
•The intention of the offender is immaterial: as long
A. No, The information he intends to obtain is no
longer confidential .It has been declassified. as the unlawful act or unauthorized acts provoke or
give occasion for a war or expose our citizen to
reprisals on their persons or property, the crime is
Q. Supposing the US donated armaments,etc. to deemed committed.
the Phil. For us to use against Malaysia. These arms
were stored in a warehouse in Nueva Ecija. A •Example: Public destruction of the flag or seal of
newspaper reporter, without permission from the another country; or the public manifestations of
government, entered the place in order to take
hostility to the head or ambassador of another
pictures. On his way out, he was apprehended. Is
he liable? country.

Reprisal
A. Yes. The elements of espionage in the first mode
are complete.
→It is an act of self-help on the part of the
1.By entering without authority, a warship , fort, injured state, responding (after an unsatisfied
or military or naval establishment or reservation to demand for redress) to an act contrary to
obtain any information, plan , or other data of international law on the part of the offending
confidential nature relative to the defense of the
Philippines.
state.
→is resorted to for the purpose of settling a
dispute or redressing a grievance without going
to war.
Section Two:
Extent of Reprisals
Provoking War and Disloyalty In Case of War
→Reprisals are not limited to military action. It
could be economic reprisal or denial of entry into
INCITING TO WAR OR GIVING their country.
MOTIVES FOR REPRISAL
ART.118 Ex. X burns a Singaporean flag . If the Singaporean
bans the entry of Filipinos that is Reprisal.
→Unlawful or unauthorized acts of an individual
which provoke or give occasion for a war
involving or liable to involve the Philippines or VIOLATION OF NEUTRALITY
expose Filipinos to reprisals on their persons or ART.119
property. → This refers to an any act which violates any
regulation issued by competent authority for the
Elements: purpose of enforcing neutrality
Elements:
1. Offender Performs Unlawful or unauthorized 1. War in which the Philippines is Not Involved;
acts; and 2. For the Purpose of Enforcing neutrality, a
Regulation is issued by competent authority; and
2. Such acts Provoke or give occasion for a war 3. That the offender Violates such.
involving or liable to involve the Philippines or Neutrality
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 →It is the condition of a nation that, in times of war, 2. That the offender intended to aid the enemy.
takes no part in the dispute but continues peaceful
Similarity to Treason
dealings with the belligerents. There must be a
→If the offender intended to aid the enemy by giving
regulation issued by competent authority for the
such notice or information, the act also amounts to
enforcement of neutrality.
treason; hence penalty same as that for treason.
When crime committed
Cases:
→The crime is committed only in times of peace in
Q. Supposing the Phil.is at war with Malaysia,
the Philippines, but there is war between/among
Mindanao is under control of Malaysia. You left
other states. your boyfriend in Davao, you wrote a letter to him
Authority to issue a regulation for the enforcement and sent it. The government previously restricted
of Neutrality. all mail into Mindanao.
Q. What crime committed?
→The regulation must be issued by competent
authority like the President of the Philippines or A. Correspondence with Hostile Country.
the Chief of Staff of the Armed Forces of the
B.Supposing you wrote a letter with heart and
Philippines, during a war between different
arrow drawn on the paper. No words were used.
countries in which the Philippines is not taking
Will you be liable?
sides.
A. Yes , It is considered as Ciphers and Conventional
CORRESPONDENCE WITH HOSTILE COUNTRY signs.
ART.120

Elements: FLIGTH TO ENEMY COUNTRY

1. A WAR in which the Philippines is Involved; ART.121
2. That the offender makes Correspondence with an
enemy country or territory occupied by enemy troops; → Any person who, owing allegiance to the
3. That the correspondence is either – Government, attempts to flee or go to an enemy
a. Prohibited by the government, country when prohibited by competent authority.
b. carried on in Ciphers or Conventional signs, or Person liable
c. containing notice or information which might be 1. Filipino citizen; and
useful to the Enemy. 2. Alien residing in the Philippines

Correspondence Elements:
→Communication by means of letters, or it may refer 1. A WAR in which the Philippines is Involved;
to the letters which pass between those who have 2. Offender Owes Allegiance to the government;
friendly or business relations. 3. Offender Attempts to flee or go to enemy country;
and
Note: that, even if the correspondence contains 4. Going to enemy country is Prohibited by
innocent matters, if the correspondence has been competent authority
prohibited by the government, it is punishable
because of the possibility that some information When crime consummated
useful to the enemy might be revealed unwittingly. Mere attempt to flee or go to enemy country
consummates the crime.
Cipher
→Secret writing system; a code
Necessity of prohibition
Qualifying circumstances: The following must concur There must be a prohibition. If there is none, even if
together – one went to an enemy country, there is no crime.

1. That the notice or information might be useful to

the enemy; and
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Section 3- Privacy and Mutiny on the high seas or
Philippines waters High seas
Any waters on the seacoast which are without the
PIRACY IN GENERAL AND MUTINY ON THE boundaries of the low water mark although such
HIGH SEAS OR IN Philippines WATERS waters may be in the jurisdictional limits of a foreign
ART.122 government; parts of the sea that are not included in
the exclusive economic zone, in the territorial seas, or
1. Piracy: Any person who, on the high seas, shall in the internal waters of a state, or in the archipelagic
attack or seize a vessel, or not being a member of its waters of an archipelagic state. (United Nations
complement nor a passenger, shall seize the whole or Convention on the Law of the Sea)
part of the cargo of the vessel, its equipment or
personal belongings of the complement or passengers PIRACY (RPC) ROBBERY ON HIGH
SEAS
2. Mutiny: The unlawful resistance to a superior, or
Offender is an Offender is a member of
the raising of commotions and disturbances on board the complement or a
outsider
a ship against the authority of its commander passenger of the vessel

NOTE: Now considered as an Act of Terrorism

PIRACY (RPC)
MUTINY
Elements: (PD 532)
Piracy AS TO PLACE Punishes piracy Punishes
1. A Vessel is on the high seas or in Philippine waters. OF committed piracy
2. Offenders – Not members of its complement nor COMMISSION either in committed
passengers of the vessel; and Philippine only in
3. The offenders – waters or on Philippines
a. Attack or seize the vessel, or the high seas waters
AS TO THE Committed by Committed
b. Seize whole or part of vessel’s cargo, Equipment or
PERSON OF strangers to by any
personal belongings of its complement or passengers
THE the vessels person (who
Punishable Acts
OFFENDERS (nonpassengers may be
(Modes of committing Piracy): or members of
1. Attacking or seizing a vessel on the high seas or in nonmembers the crew or
Philippine waters (P.D. 532); and of the crew) passengers)
2. Seizing the whole or part of the vessel’s cargo, its
equipment, or the personal belongings of its Vessel (under PD 532) – any vessel or watercraft used
complement or passengers, while on the high seas or for transport of passengers and cargo from one place
in Philippine waters to another through Philippine waters.

Mutiny Punishable Acts (under PD 532 ANTI-PIRACY AND

1. A Vessel is on the high seas or in Philippine waters. ANTI-HIGHWAY ROBBERY LAW)
2. Offenders – Members of its complement or 1. Piracy
passengers of the vessel; and 2. Highway robbery/ brigandage
3. The offenders Unlawfully resist a superior or raise 3. Aiding pirates or highway robbers/ brigands or
commotions and disturbances on board the vessel abetting piracy or highway robbery/brigandage
against the authority of its commander.

Philippine waters PIRACY PIRACY (PD

All bodies of water and all waters belonging to the (RPC) 532)
Philippines by historic or legal title, including the
territorial sea, the sea-bed, the insular shelves, and May be May be
other submarine areas over which the Philippines has committed committed by
sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) by attacking attacking or
or seizing a seizing a vessel
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AS TO THE vessel, or or by taking
MANNER OF seizing the away the First circumstance may not qualify the crime of
COMMISSION whole or whole or part mutiny.
part of its thereof or of
cargo or its cargo, Qualified Piracy is a special complex crime punishable
equipment equipment or by Reclusion Perpetua to death, regardless of the
or the personal
number of victims.
personal belongings of
belongings the vessel's
of the complement or Note: The word “crimes” in the opening sentence of
complement passengers by Art. 123 refers to both piracy and mutiny. However,
or means of the second qualifying circumstance specifically
passengers violence mentions “pirates”, thereby excluding mutineers.
of the vessel against or
intimidation or Extent of commission of Murder, Rape, Homicide,
persons or Injuries
force upon The murder/rape/homicide/physical injuries must
things. have been committed on the passengers or on the
AS TO THE Committed Committed by complement of the vessel.
PERSON OF by strangers members of
THE to the the crew or
OFFENDERS Accomplice
vessels passengers
Any person who aids or protects pirates or
Philippine Philippine
AS TO PLACE abets the commission of piracy shall be considered as
waters or waters only
OF high seas an accomplice.
COMMISSION
When it is When physical
AS TO WHEN accompanied injuries or other —end of topic
PIRACY by murder, crimes are
BECOMES homicide, committed as a
QUALIFIED physical result or on the Crimes against the fundamental laws of the
injuries or occasion state
rape thereof, or when 1.Arbitrary detention
murder,
2.Delay in the delivery of the detained persons to the
homicide or rape
is committed by proper judicial authorities
reason or on the 3.Delaying release
occasion thereof 4.Expulsion
5.Violation of Domicile
6.Search warrants maliciously obtained and abuse in
QUALIFIED PIRACY the service of those legally obtained
ART.123 7.Searching domicile without witnesses
8.Prohibition, interruption, and dissolution of peaceful
Elements:
meetings
A. Qualifying Circumstances (Piracy):
9.Interruption of religious worship
1. Seizure of the vessel by Boarding or Firing upon the
10.Offending the religious feelings
same;
2. Abandonment by pirates of victims without means Why do they violate the fundamental laws of the
of saving themselves; or state?
3. Crime was Accompanied by murder, homicide, →No person shall be deprived of life, liberty, or
physical injuries, or rape. property without due process of law, nor shall any
person be denied the equal protection of laws.( Art.
B. Mutiny: When the second or third circumstance III, Sec.1) Bill of Rights
accompanies the crime of mutiny mentioned in Art.
122, mutiny is then qualified.
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→The liberty of abode and of changing the same →What is being punished in Arts. 132 Interruption of
within the limits prescribe by law shall not be implied religious feelings and Art.133-offending religious
except upon lawful order of the court. Neither shall feelings is the right to exercise and enjoy religious
the right to travel be impaired except in the interest profession and worship.
of national security, public safety, or public health, as
may be provided by law. ( Art. III, Sec.6)

→What is being punished in Art. 124-Arbitrary Crimes against the Fundamental laws of
Detention, Art. 125-Delay in the delivery of detained the state
persons and Art.126-Delaying release is the unlawful
deprivation of liberty. General Rule: Offenders under this title are
PUBLIC OFFICERS OR EMPLOYEES.
→What is being punished in Art.127-Explusion is the
unlawful expulsion of a person from the Phils or Exception:
compelling a person to change his residence.
1.Under Art.133- Offending the religious feelings,
→The right of the people to be secure in their the offender may be ANY PERSON.
persons , houses, papers and effects against
unreasonable searches and seizures of whatever 2.When a private person conspires with a public
officer or acts as ACCOMPLICE or ACCESSORY in
nature and for any purpose shall be inviolable,
the commission of the Crime.
and no search warrant or warrant of arrest shall They are called crimes against “ The
be issue except upon probable cause to be Fundamental laws of the State” because they violate
determined personally by the judge after certain provisions of the Bill of Rights under 1987
examination under oath or affirmation of the Philippine Constitution.
complaint and witnesses he may produce, and
particularly describing the place to be searched Classes of Arbitrary Detention
and the persons or things to be seized.( Art. III, 1.Detaining a person without legal ground (
Sec.2) Bill of Right ART.124)
2.Delay in the Delivery of detained persons to the
→What is being punished in Arts. 128-Violation of proper authorities (ART.125)
Domicile, Art.129-Search Warrants maliciously 3.Delaying release (Art.126)
obtained and Art. 130-Searching domicile without
witnesses is the unlawful entry in, and search and
seizure of articles in the house of a person. ARBITRARY DETENTION
ART.124
→No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the →Any public officer or employee who, without legal
government for redress of grievances. ( Art. III, Sec.4) grounds, detains a person

→No law shall be made respecting an establishment Elements: (PWD)

of religion, or prohibiting the free exercise and 1. That the offender is a Public officer or employee
enjoyment of religious profession and worship, 2. That he Detains a person; and
without discrimination or preference, shall forever be 3. That the detention is Without legal grounds.
allowed. No religious test shall be required for the
exercise of civil or political rights. (Art. III Sec.5) Public officer- whose official duty gives him the
authority to arrest and detain person.
→What is being punished in Art. 131-Prohibition,
interruption and dissolution of peaceful meetings is Examples: Police officers, NBI agents, PDEA
the violation of a person’s right peaceably to agents, other agent of the laws, Brgy.Captain,
assemble and petition the government for redress of Tanod, Judge ,Mayors, Governors ( under the LGC,
grievances. they exercise peace and order functions within
their respective territorial jurisdictions)
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 has escaped while being transferred from one
Detention-Actual confinement of a person in an confinement to another.
enclosure or in any manner detaining and depriving
him of his liberty.
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a hospital.
Legal grounds for detention:
Note: This list of legal grounds is not exclusive. So
1.Commission of a crime; long as the ground is considered legal (e.g., in
contempt of court, under quarantine, or a foreigner to
a. Arrest with a warrant be deported), there is no arbitrary detention.
b. Warrantless arrest under Rule 113 Sec.5 of the When is detention without legal ground?
Revised Rules of Court.
1.He has not committed any crime; or
(1) IN FLAGRANTE DELICTO (caught in the
act) 2.He is not suffering from violent insanity or any
other ailment requiring compulsory confinement
–when in the presence of a peace officer or a in a hospital.
private person, the person to be arrested has
COMMITTED, is ACTUALLY COMMITING, or is
ATTEMPTING TO COMMIT an offense. Detention through Imprudence Arbitrary
detention can be committed through
(2) DOCTRINE OF “HOT PURSUIT”- imprudence.
Suspect is caught immediately after the
commission of the offense, when the officer has Here, a chief of police rearrested a woman who
probable cause to believe based on personal had been released by a verbal order of the justice
knowledge of facts and circumstances that the of peace. The officer acted without malice, but
person to be arrested committed it. should have verified the order of release before
proceeding to make the re-arrest. The officer was
Probable cause → such facts as are sufficient to convicted of Arbitrary Detention through Simple
engender a well-founded belief that a crime has Imprudence. (Art.124 in rel. to Art. 365, par. 2 of
been committed and that responded is probably the RPC)
guilty thereof.
Personal knowledge of facts→ must be based upon Private individual offender who conspires with
probable cause which means an actual belief or public officers
reasonable grounds of suspicion.

The ground of suspicious are reasonable

Can be held liable as principals in the
when, in the absence of actual belief of the arresting
crime of Arbitrary Detention. Otherwise, his
officers, the suspicion that the person to be arrested
participation will only be that of an Accomplice or
is probably guilty of committing the offense is based
an Accessory.
on actual facts, that is, supported by circumstances
sufficiently strong in themselves to create the Private individual offender
probable cause of guilt of the person to be arrested. A
reasonable suspicion, therefore, must be founded on If the offender is a private individual, the
probable cause, coupled with good faith on the part act of detaining another is Illegal Detention. (Art.
of the peace officers making the arrest. 267 or Art. 268)

(3) ESCAPEES
Effect when person arrested is acquitted
–when the person to be arrested is a prisoner
who has escaped from a penal establishment or Under the conditions set forth in Section
5, Rule 113, particularly paragraph (b) thereof,
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(Hot-Pursuit) even if the arrested persons are As to the The purpose for The purpose is
later found to be innocent and are acquitted, the purpose of detaining the to accuse the
arresting officers are still not liable. But if they do detainment offended party offended party
not strictly comply with the said conditions, the is to deny him of a crime he
arresting officers can be held liable for the crime of his liberty. did not
commit,to
of arbitrary detention, for damages and/or for
deliver the
other administrative sanctions. person to the
proper
authority, and
A greater penalty is imposed if the period of unlawful
to file the
detention is longer. (RPC, Art. 124, Nos. 1-4) Length of
necessary
detention for it to be considered arbitrary detention) charges in a
The law does not fix any minimum period of way trying to
detention. Offenders have been convicted of arbitrary incriminate
him
detention even when the offended party was
detained for only an hour.
Computation of periods
The article includes Sundays, holidays, and
BASIS ARBITRARY ILLEGAL election days in the computation of the periods
DETENTION DETENTION prescribed within which public officers should deliver
arrested persons to the proper judicial authorities, as
As to the The principal The the law does not except such days in the
Principal’s offender must be principal computation.
capacity a public officer offender is
a private
Circumstances considered in determining the liability
person
of the officer-offender:
As to his duty The offender The
to detain a who is a public offender 1. Means of communication;
person officer has a duty even if he is 2. Hour of arrest; and
which carries a public 3. Other circumstances such as the time of surrender
with it the officer does and the material possibility for the fiscal to make the
authority to not include investigation and timely file the necessary
detain a person. as his information.
function
the power Rights of detainee:
to arrest 1. Be informed of the cause of his detention; and
and detain 2. Be allowed, upon request, to communicate and
a person. confer at any time with his attorney or counsel.

Crime when offender is private individual If the

offender is a private person, the crime is Illegal
Detention.
BASIS ARBITRARY UNLAWFUL
DETENTION ARREST There must be legal ground to arrest
Art. 125 contemplates an arrest without warrant by
As to the The offender is The offender virtue of some legal ground (a valid warrantless
capacity of a public officer may be any arrest)
the offender possessed with person.
authority to When arrest made by virtue of warrant
make arrests. If arrest is made by virtue of an arrest warrant, person
may be detained indefinitely until:
1. His case is decided, or
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 2. He posts bail. 2. That he has Detained a person for some Legal
Ground; and

DELAYED IN THE ARBITRARY 3. That he FAILS to deliver such person to the

DELIVERY OF THE DETENTION proper judicial authority within:
DETAINED PERSONS
a. 12 hours, if detained for crimes
The detention is legal The detention is punishable by light penalties, or their equivalent;
at the outset but illegal at the very
becomes arbitrary inception because b. 18 hours, if detained for crimes
when the detention of the absence of punishable by correctional penalties, or their
exceeds any of the lawful cause for equivalent; or
periods of the time such arrest.
specified in Art.125, c. 36 hours, if detained for
without the person crimes/offenses punishable by capital
detained having been punishment or afflictive penalties, or their
charged before the equivalent.
proper judicial Notes:
authority.
Computation of periods
Waiver of Article 125 The article includes Sundays, holidays, and
The rights provided a detained person under Article election days in the computation of the periods
125 may be waived by him if he asks for a preliminary
prescribed within which public officers should
investigation.
deliver arrested persons to the proper judicial
authorities, as the law does not except such days
Length of waiver
in the computation.
Even when a waiver is signed, a detainee cannot be
held indefinitely. Upon signing of the waiver, a
preliminary investigation must be conducted and Circumstances considered in determining the liability
terminated within 15 days. of the officer-offender:
Who are proper judicial authorities?
1. Means of communication;
They are the courts of justice or judges of said courts,
2. Hour of arrest; and
vested with judicial power to order the temporary
3. Other circumstances such as the time of
detention or confinement of a person charged with
surrender and the material possibility for the
having committed a public offense.
fiscal to make the investigation and timely file the
necessary information.
DELAYED IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER Rights of detainee:
JUDICIAL AUTHORITY
ART.125 1. Be informed of the cause of his
detention; and
2. Be allowed, upon request, to
communicate and confer at any time with his
→Any public officer or employee who shall detain any attorney or counsel.
person for some legal ground and shall fail to deliver
the same to the proper judicial authorities within the Crime when offender is private individual.
period provided by law. If the offender is a private person, the crime is
Elements: (12-18-36hrs) Illegal Detention.

1. That the offender is a Public Officer or

Employee;

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When arrest made by virtue of warrant Grave felonies- law attaches the Capital
If arrest is made by virtue of an arrest punishment or penalties which in any of their
warrant, person may be detained indefinitely periods are afflictive, in accordance with Art.25
until: PRC
1. His case is decided, or
2. He posts bail. Less Grave felonies- law punishes with penalties
which in their maximum period are Correcional

Light felonies-those infractions of law for the

DELAYED IN THE ARBITRARY
DELIVERY OF THE DETENTION commission of which a penalty of arresto menor
DETAINED PERSONS or a fine not exceeding 40k or both is provided.

DELAYING RELEASE
The detention is legal The detention is
ART.126
at the outset but illegal at the very
becomes arbitrary inception because
when the detention of the absence of
exceeds any of the lawful cause for Punishable Acts:
periods of the time such arrest. 1. Delaying the performance of a judicial or
specified in Art.125, executive order for the release of a prisoner;
without the person 2. Unduly delaying the service of the notice of
detained having been such order to said prisoner; and
charged before the 3. Unduly delaying the proceedings upon any
proper judicial petition for the liberation of such person.
authority.
Elements:
Who are proper judicial authorities? 1.That the offender is a Public Officer or
Employee;
They are the courts of justice or judges of
2. That there is a Judicial Or Executive order for
said courts, vested with judicial power to order
the RELEASE of a prisoner or detention prisoner,
the temporary detention or confinement of a
or that there is a proceeding upon a petition for
person charged with having committed a public
the liberation of such person;
offense.
3. That the offender without good reason delays:
Probable cause a. the Service of the notice of such order
to the prisoner, or
→ for the purposes of filing an information (criminal b. the Performance of such judicial or
case) in court, has been defined as such facts as are executive order for the release of the prisoner, or
sufficient to engender a well-founded belief that a c. the Proceedings upon a petition for the
crime has been committed and that responded is release of such person
probably guilty thereof, and should be held for trial.
This is the quantum of evidence required for purposes Note: Wardens and Jailers are the person’s most
of filing an information. likely to violate this provision
Note- for crimes punished under the Anti-Terrorism
EXPLUSION
Act of 2020 (RA 11479) , a suspected terrorist can be
ART.127
detained for a maximum of 24days without violating
Art.125 of the RPC.

How do we know if a felony/offense is light, less Punishable Acts:

grave or grave? Art. 9 of the RPC provides:
1. Expelling a person from the Philippines; or
2. Compelling a person to change his residence.

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Elements: (PEN) Elements:
1. The offender is a Public Officer or Employee. 1. That the offender is a Public Officer or
2. He Expels any person from the Philippines, or Employee;
Compels a Person to change his residence; and 2. That he is Not authorized by judicial order to
3. The offender is NOT authorized by law to do so. enter the dwelling and/or to make a search
therein for papers or other effects; and
3. That he Commits any of the following acts:
→There must be an order from the President of the
a. Entering any dwelling against the will of
Philippines from the recommendation of
the owner thereof;
Commissioner of the BID before aliens can be
b. Searching papers or other effects found
deported. ( Expelling from the Philippines)
therein without the previous consent of such
→Courts may after final judgment sentence an owner;
accused to destierro (banishment) or a as a condition c. Refusing to leave the premises, after
in his probation. (Compelling to change his residence) having surreptitiously entered said dwelling and
after having been required to leave the same.
Can a person be compelled to change his residence?

Yes. However, only a court, by a final Notes:

judgment, can order a person to change his When unconsented entry is not violation of
residence, while the Chief Executive has the domicile?
power to deport undesirable aliens, If a Filipino, ➔ Silence of owner during search
after voluntarily leaving the country, is illegally Before and during the search, without
refused re-entry, he is considered a victim of search warrant, by a public officer, may show
being forced to change his address. Implied Waiver.
However, if such silence/non-objection is
a function of the searchers’ being armed and
Against whom the crime may be committed using threats and intimidation, there is no implied
waiver.
Legal expulsion may only be committed
against an alien on grounds provided by law and When a policeman, who got angry,
with observance of due process in deportation forcibly entered the house of another and
proceedings; hence, criminal expulsion may be attacked the latter, the policeman is not liable for
committed also only against aliens. violation of domicile because he was not acting in
The second punishable act (compelling an official capacity. He is liable instead for
change of residence) may be committed against Physical injuries with the aggravating
aliens or Filipino citizens. circumstance of dwelling.
Section 2- Violation of Domicile
When considered a search?
VIOLATION OF DOMICILE Search must be the examination of a person’s
ART.128 body or property or other area that a person
would reasonably expect to consider as private,
Punishable Acts: conducted by a law enforcement officer for the
1. Entering any dwelling against the will of the purpose of finding evidence of a crime. Thus, the
owner thereof; mere fact of ‘looking at’ cannot strictly be
2. Searching papers or other effects found therein considered as the search of papers and other
without the previous consent of such owner; and effects.
3. Refusing to leave the premises, after having
Refusal to leave
surreptitiously entered said dwelling and after
having been required to leave the same. Under the 3rd mode, even if the entrance
is only without the consent of its owner, the

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crime is committed when there is a refusal to 3.Used or intended to be used as the means of
leave the premises when required to do so. committing an offense. (Sec.3, Rule 126, Revised
Rules of Criminal Procedure)

Not authorized by judicial order (Search warrant) When search warrant procured without just cause
If the offender is a private individual or if When it appears, on the face of the affidavits
the public officer is one whose functions do not filed in support of the application therefor, or through
include the duty to effect search and seizure, the other evidence, that the applicant had every reason to
crime committed is Trespass to dwelling. believe that the search warrant sought for was
unjustified.

SEARCH WARRANTS MALICIOUSLY Test of lack of just cause.

OBTAINED AND ABUSE IN THE SERVICE OF Whether the affidavit filed in support of
THOSE LEGALLY OBTAINED the application for search warrant has been
ART.129 drawn in such a manner that perjury could be
charged thereon and affiant can be held liable for
Punishable Acts:
damages.
1. Procuring a search warrant without just cause.
2. Exceeding authority or by using unnecessary Effect when warrant secured through false affidavit .
severity in executing a search warrant legally The crime punished by the article cannot
procured. be complexed but will be a separate crime from
perjury.
Elements:
1. Procure search warrant without just cause Requisites of valid search warrant
a. That the offender is a Public Officer or 1. It must be issued upon Probable Cause
Employee; 2. Probable cause must be determined by the
b. That he procures a Search warrant; and judge himself and not by the applicant or any
c. That there is No just cause for the other person;
procurement 3. In the determination of probable cause, the
2. Exceed Authority in Execution judge must examine, under oath or affirmation,
a. That the offender is a Public Officer or the complainant and such witnesses as the latter
employee; may produce;
b. That he has Legally procured a search 4. It should be issued in connection with one
warrant; and specific offense;
c. That he Exceeds his authority or uses 5. The warrant issued must particularly describe
unnecessary severity in executing the same. the place to be searched and persons or things to
Notes: be seized.
Search Warrant

An order in writing issued in the name of Effect when the Judge who issued the search warrant
the People of the Philippines, signed by a judge is convicted of an administrative charge.
and directed to a peace officer, commanding him While the imposition of administrative
to search for personal property described therein penalties operates to divest the Judge of his
and to bring it before the court. authority to act as Vice Executive Judge, the
abstraction of such authority would not, by itself
Personal property to be seized
result in the invalidity of the search warrant,
1.Subject of the offense; considering that said Judge may be considered to
2.Stolen or embezzled and the other proceeds or have made the issuance as a de facto officer.
fruits of the offense; or

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Search and seizure without warrant as incident to a SEAERCHING VIOLATION SEARCH
lawful arrest. DOMICILE OF WARRANT
WITHOUT DOMICILE MALICIOUSLY
A person lawfully arrested may be WITNESSES (ART. 128) OBTAINED
searched, without a search warrant, for (ART. 130) (ART. 129)
dangerous weapons or anything which may be There is a There is no There is a
used as proof of the commission of an offense. validly obtained warrant. warrant but
(Sec. 12, Rule 126, Revised Rules of Criminal warrant but its such was
Procedure). implementation maliciously
(the search obtained.
process) was
SEARCHING DOMICILE WITHOUT WITNESSES abused.
ART.130
Section 3- Prohibition, interruption, and dissolution
of peaceful me

→Any public officer or employee who, in cases where

a search is proper, shall search the domicile, papers or
PROHIBITION, INTERRUPTION AND
belongings of any person, in the absence of the latter, DISSOLUTION OF PEACEFUL MEETINGS
any member of his family, or in their default, without ART.131
the presence of two witnesses residing in the same
locality.
Punishable Acts:
Elements: 1. Prohibiting, interrupting, or dissolving, without
1. That the offender is a public officer or legal ground, the holding of a peaceful meeting;
employee; 2. Hindering any person from joining any lawful
2. That he is armed with a search warrant legally association or from attending any of its meetings;
procured 3. Prohibiting or hindering any person from
3. That he searches the domicile, papers or other addressing, either alone or together with others,
belongings of any person; and any petition to the authorities for the correction
4. That the owner or any member of his family, or of abuses or redress of grievances
two witnesses residing in the same locality is/are
not present. Elements:
1. Offender is a Public Officer or Employee;
Notes: 2. He performs any of the following acts:
Order of those who must witness the search:
a. Prohibiting or interrupting, without
1. Homeowner; legal ground the holding of a peaceful meeting, or
2. Members of the family of sufficient age dissolving the same (e.g. denial of permit in
and discretion; or arbitrary manner);
3. Responsible members of the b. Hindering any person from joining any
community. lawful association or from attending any of its
meetings; or
Why search in presence of witnesses mandatory?
c. Prohibiting or hindering any person
Search in the presence of witnesses specified by
from addressing, either alone or together with
the law is mandatory to ensure regularity in the
others, any petition to the authorities for the
execution of the search warrant.
correction of abuses or redress of grievances.

Offender must not be a participant in the meeting

Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, the offense is Unjust Vexation.

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 Q: In his homily, Fr. Chris loudly denounced the
many extrajudicial killings committed by the men
in uniform. Policeman Stone, then attending the
Meeting must be peaceful mass, was peeved by the denunciations of Fr. Chris.
Meeting must be peaceful and there must He immediately approached the priest during the
be no legal ground for prohibiting, dissolving or homily, openly displayed his firearm tucked in his
waist, and menacingly uttered at the priest: Father,
interrupting that meeting. may kalalagyan kayo kung hindi kayo tumigil. His
brazenness terrified the priest, who cut short his
Interrupting meeting of Municipal Council homily then and there. The celebration of the mass
was disrupted, and the congregation left the church
Interrupting and dissolving a meeting of
in disgust over the actuations of Policeman Stone, a
the municipal council by a public officer is a coparishioner. Policeman Stone was subsequently
Crime against the legislative body (Art. charged. The Office of the Provincial Prosecutor is
143) and is not punishable under this now about to resolve the case, and is mulling on
what to charge Policeman Stone with. May
article. Policeman Stone be properly charged with either or
both of the following crimes, or, if not, with what
Meetings must comply with ordinances holding proper crime? a. Interruption of religious worship as
peaceful meetings must comply with local ordinances. defined and punished under Art. 132 of the Revised
Penal Code; and/or b. Offending the religious
feelings as defined and punished under Art. 133 of
Private individual offender the Revised Penal Code. Explain.
If the offender is a private individual, the crime is
a. YES. Policeman Stone may be charged with
Disturbance of Public Order (Art. 153).
Interruption of religious worship. Under the RPC, a
public officer or employee who shall prevent or
INTERRUPTION OF RELIGIOUS WORSHIP disturb the ceremonies or manifestations of any
ART.132 religion shall be liable for interruption of religious
worship. Hence, Policeman Stone, a public officer,
approached the priest, displayed his firearm, and
→Any public officer or employee who shall prevent or
threatened the priest, which caused the disruption of
disturb the ceremonies or manifestations of any the mass and the leaving of the congregation.
religion. Policeman Stone, therefore, may be charged of
interruption of religious worship.
Elements:
b. NO. Policeman Stone may not be charged with
1. That the officer is a Public officer or employee;
the crime of offending religious feelings. The
2. That Religious ceremonies or manifestations of Supreme Court has ruled that the acts must be
any religion are about to take place or are going directed against religious practice, dogma, or ritual
on; and for the purpose of ridicule as mocking or scoffing at
or attempting to damage an object of religious
3. That the Offender prevents or disturbs the veneration (People v. Baes, G.R. No. 46000, May
same. 25, 1939). Policeman Stone threatened the priest
because the priest’s statements during his homily
Qualifying circumstance: With violence or threats and not to mock or ridicule the ceremony;
consequently, Policeman Stone may not be charged
Notes:
with the crime of offending religious feelings.
Reading of bible Reading of Bible and then
attacking certain churches in a public
plaza is not a ceremony or manifestation OFFENDING THE RELIGIOUS FEELINGS
of religion but only a meeting of a ART.133
religious sect; hence, only Art. 131 was
violated.
→Anyone who, in a place devoted to religious
Worship includes religious rites worship or during the celebration of any religious
Religious worship includes performance of ceremony, shall perform acts notoriously offensive to
religious rites for a religious ceremony or a the feelings of the faithful.
manifestation of religion.
Elements:
Cases:
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1. Acts complained of were performed
2. in a Place Devoted to religious worship, or Note: There must actually be a religious
ceremony being conducted on that occasion,
3. During the Celebration of any religious either by itself or in conjunction with some
ceremony; other activity of the religious denomination. If
4. Acts must be Notoriously Offensive to the the offense was committed only in a meeting or
rally of a sect, it would be punishable under
feelings of the faithful. Art.131. ( Prohibition,Interruption &
Dissolution of peaceful meeting)
Persons liable :The offender can be any person.

Offense to feelings ---End Topic-

Offending religious feelings is judged from
the complainant’s point of view.

Nature of places
The phrase ‘in a place devoted to
religious worship’ does not necessarily require
that a religious ceremony is going on. The phrase
‘during the celebration’ is separated by the word
‘or’ from the phase ‘place devoted to religious
worship’ which indicates that the ‘religious
ceremony’ need not be celebrated in a place of
worship.

Religious ceremony
→Religious acts performed outside of a church,
such as processions and special prayers for
burying dead persons, are covered.
Nature of acts notoriously offensive to feelings
→Acts notoriously offensive to the feelings of the
faithful must be directed against religious
practice, dogma or ritual for the purpose of
ridicule, such as mocking or scoffing or
attempting to damage an object of religious
veneration.
Deliberate intent to hurt feelings
→There must be deliberate intent to hurt the
feelings of the faithful. Mere arrogance or
rudeness is not enough.
Examples of religious ceremonies
(acts performed outside the church): processions
and special prayers for burying dead persons but
NOT prayer rallies.

Cases:
X, a private person, punched a priest while the
priest was giving a homily and maligning a
relative of X. Is X liable?
X may be liable under Art. 133 (Offending
religious feelings) because X is a private
person.

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