Criminal Law Ii Notes.docx

Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security 1. Treason. (Art. 114) 2. Conspiracy and proposal to commit treason. (Art. 115) 3. Misprision of treason (Art. 116) 4. Espionage (Art. 117) Crimes against the law of nations 1. Inciting to war or giving motives for reprisals (Art. 118) 2. Violation of neutrality (Art. 119) 3. Correspondence with hostile country. (Art. 120) 4. Flight to enemy’s country. (Art. 121) 5. Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)

Chapter One CRIMES AGAINST PUBLIC SECURITY Section One. – Treason and espionage Art. 114. Treason. – Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed Four million pesos (₱4,000,000). No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this article shall be punished by reclusion temporal to death and shall pay a fine not to exceed Four million pesos (₱4,000,000).

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

TREASON - a breach of allegiance to the government, committed by a person who owes allegiance to it - a continuous offense - the proper penalty of treason is determined by the amount or degree of aid or comfort given to the enemy as well as the gravity of the separate and distinct acts of treason committed by the accused WAYS OF PROVING TREASON 1. Testimony of two witnesses, at least, to the same overt act; or 2. Confession of the accused in open court DEFENSE IN TREASON 1. Lawful obedience to a de facto government 2. Defense of duress or uncontrollable fear ALLEGIANCE - the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive - either permanent allegiance (consists in the obligation of fidelity and obedience which a citizen or subject owes to his government or sovereign) or temporary allegiance (obligation of fidelity and obedience which a resident alien owes to our government) ADHERENCE TO THE ENEMY - intent to betray - there is “adherence to the enemy” when a citizen intellectually or emotionally favors the enemy and harbours sympathies and convictions disloyal to his country’s policy or interest - when the positions to which the accused was appointed were not only highly responsible positions but also policy-determining, the acceptance of public office and discharge of official duties constitute treason - may be proved: 1. by one witness; 2. from the nature of the act itself; or 3. from the circumstances surrounding the act

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AID or COMFORT - an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy - includes acts such as furnishing the enemy with arms, troops, supplies, information, or means of transportation - to be treasonous, the extent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and be directly in furtherance of the enemies’ hostile designs - aid or comfort given must be after the declaration of war - must be intentional - specific acts: 1. Serving as informer and active member of the Japanese Military Police, arresting guerilla suspects in an attempt to suppress the underground movement. (People v. Fernando, 79 Phil. 719) 2. Serving in the Japanese Army as agent or spy and participating in the raid of guerilla hideout. (People v. Muńoz, et.al., 79 Phil. 702) 3. Acting as “finger woman” when a barrio was “zonified” by the Japanese, pointing out to the Japanese several men whom she accused as guerrillas. (People v. Nuńez, 85 Phil. 448) 4. Taking active part in the mass killing of civilians by the Japanese soldiers by personally tying the hands of the victims. (People v. Canibas, 85 Phil. 469) ELEMENTS OF TREASON: 1. That the offender is a Filipino citizen or an alien residing in the Philippines; - treason by a Filipino citizen can be committed anywhere - treason by a resident alien must be committed in the Philippines only 2. That there is a war in which the Philippines is involved. 3. That the offender either – a. levies war against the Government, or - requires the concurrence of two things: (1) that there be an actual assembling of men; and (2) for the purpose of executing a treasonable design by force. CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

- not necessary that there be a formal declaration of the existence of a state of war - must be with the intent to overthrow the government as such, not merely to resist a particular statute or to repel a particular officer b. adheres to the enemies, giving them aid or comfort. - must concur together - giving information to, or commandeering foodstuff for, the enemy is evidence of both adherence and aid or comfort MODIFIED ELEMENTS:  Levying war is merely a civil uprising = REBELLION under Article 135 in relation to Article 134.  Mere internal conflict/ causing disturbance in the country = SEDITION INHERENT CIRCUMSTANCES  Treachery, abuse of superior strength, evident premeditation; conspiracy/proposal to commit treason AGGRAVATING CIRCUMSTANCES  Ignominy, cruelty Art. 115. Conspiracy and proposal to commit treason – Penalty. – The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine not exceeding Two million pesos (₱2,000,000), and prisión correccional and a fine not exceeding One million pesos (₱1,000,000). ELEMENTS OF CONSPIRACY TO COMMIT TREASON: 1. Committed when in time of war; 2. There are two or more persons; 3. Come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort; and 4. Decide to commit it

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ELEMENTS OF PROPOSAL TO COMMIT TREASON: 1. Committed when in time of war; 2. A person who has decided to levy war against the Government or adhere to the enemies and to give them aid or comfort; 3. Proposes its execution to some other person or persons - even if not accepted by the other person  The two-witness rule does not apply to conspiracy or proposal to commit treason. Art. 116. Misprision of treason. – Every person owing allegiance to (the United States or) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, who 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 fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason. ELEMENTS OF MISPRISION OF TREASON: 1. That the offender must be owing allegiance to the Government and not a foreigner; 2. That he has knowledge of any conspiracy (to commit treason) against the Government; 3. 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 fiscal of the city in which he resides.  Article 116 does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority.  Article 116 is an exception to the rule that mere silence does not make a person criminally liable. Art. 117. Espionage. – The penalty of prision correccional shall be inflicted upon any person who: 1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or 2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. ESPIONAGE - the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation - may be committed both in time of peace and in time of war TWO WAYS OF COMMITTING ESPIONAGE: 1. By entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. - the offender must have the intention to obtain information relative to the defense of the Philippines to be liable - the offender is any person, whether a citizen or a foreigner, a private individual or a public officer ELEMENTS OF ESPIONAGE UNDER PARAGRAPH 1: a. That the offender enters any of the places mentioned therein; b. That he has no authority therefor; c. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.

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2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph no. 1 of Article 117, which he had in his possession by reason of the public office he holds. ELEMENTS OF ESPIONAGE UNDER PARAGRAPH 2: a. That the offender is a public officer; b. That he has in his possession the articles, data or information referred to in paragraph no. 1 of Article 117, by reason of the public office he holds; c. That he discloses their contents to a representative of a foreign nation.

Section Two. – Provoking war and disloyalty in case of war Art. 118. Inciting to war or giving motives for reprisals. – The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful and unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property. ELEMENTS IF INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS: 1. That the offender performs unlawful or unauthorized acts; 2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property.  To be liable for inciting to war or giving motives for reprisals, the intention of the accused is immaterial.  The crime of inciting to war or giving motives for reprisals is committed in time of peace. Art. 119. Violation of neutrality. – The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

any regulation issued by competent authority for the purpose of enforcing neutrality. NEUTRALITY - A nation of power which takes no part in a contest of arms going on between others is referred to as neutral. ELEMENTS: 1. That there is a war in which the Philippines is not involved; 2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality; 3. That the offender violates such regulation. Art. 120. Correspondence with hostile country. – Any person, who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1. By prision correccional, if the correspondence has been prohibited by the Government; 2. By prision mayor, if the correspondence be carried on in ciphers or conventional signs; and 3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death. CORRESPONDENCE - communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations ELEMENTS OF CORRESPONDENCE WITH HOSTILE COUNTRY: 1. That it is in time of war in which the Philippines is involved; 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops; Page 4

3. That the correspondence is either – a. prohibited by the Government, or b. carried in ciphers or conventional signs, or c. containing notice or information which might be useful to the enemy. MODIFIED ELEMENTS:  If correspondence contains innocent matters but is prohibited by the Government = ART. 120  If the offender intended to aid the enemy by giving such notice or information = TREASON Art. 121. Flight to enemy’s country. – The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority. ELEMENTS OF FLIGHT TO ENEMY’S COUNTRY: 1. That there is a war in which the Philippines is involved; 2. That the offender must be owing allegiance to the Government; - allegiance is either permanent or temporary 3. That the offender attempts to flee or go to enemy country; 4. That going to enemy country is prohibited by competent authority.

Section Three. – Piracy and mutiny on the high seas or in Philippine waters Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. – The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

PIRACY - robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility - persons who attacked the vessel or seize its cargo are strangers MUTINY - the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander - persons who attacked the vessel or seize its cargo are members of the crew or passengers HIGH SEAS - parts of the seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (Convention on the Law of the Sea) PHILIPPINE WATERS - shall refer to all bodies of water. Such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction VESSEL - any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters - shall include all kinds and types of vessels or boats used in fishing MODES OF COMMITTING PIRACY 1. By attacking or seizing a vessel on the high seas or in Philippine waters; Page 5

2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Art. 123. Qualified piracy. – The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 1. Whenever they have seized a 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.  Qualified piracy is a special complex crime punishable by reclusion perpetua to death, 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.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

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Title Two CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Chapter One ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP Section One. – Arbitrary detention and expulsion Art. 124. Arbitrary Detention. – Any public officer or employee who, without legal grounds, detains a person, shall suffer: 1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days; 2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days; 3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and 4. That of reclusion temporal, if the detention shall have exceeded six months. The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person. DETENTION - the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty ELEMENT OF ARBITRARY DETENTION CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

1. That the offender is a public officer or employee. - must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor 2. That he detains a person. 3. That the detention is without legal grounds. MODIFIED ELEMENTS  The offender is a private individual = ILLEGAL DETENTION  The offender is a public officer not in duty = UNLAWFUL ARREST  If private individual conspired with public officers in detaining a person = ARBITRARY DETENTION  Feigned to arrest a person without any legal cause to deliver him to authorities =UNLAWFUL ARREST “WITHOUT LEGAL GROUNDS” - The detention of a person is without legal ground: (1) when he has not committed any crime or, at least, there is no reasonable ground for suspicion that he has committed a crime; or (2) when he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital. LEGAL GROUNDS FOR THE DETENTION OF ANY PERSON a. The commission of a crime; b. Violent insanity or any other ailment requiring compulsory confinement of the patient in a hospital WARRANTLESS ARREST A peace officer or a private person may, without a warrant, arrest a person: a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b. 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; and Page 7

c. 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 his case is pending, or has escaped while being transferred from one confinement to another. PROBABLE CAUSE - such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched - must be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay  In arbitrary detention under Article 124, the detention is illegal from the beginning.  No reasonable ground if officer only wants to know the commission of a crime.  The crime of arbitrary detention can be committed through imprudence.  The law does not fix any minimum period of detention. Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. – The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed, upon his request, to communicate and confer at any time with his attorney or counsel.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

JUDICIAL AUTHORITIES - the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense, that is, the “Supreme Court and such inferior courts as may be established by law.” ELEMENTS OF DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES 1. That the offender is a public officer or employee; 2. That he has detained a person for some legal ground; 3. That he fails to deliver such person to the proper judicial authorities within: a. twelve hours, for crimes or offenses punishable by light penalties, or their equivalent; or b. eighteen hours, for crimes or offenses punishable by correctional penalties, or their equivalent; or c. thirty-six hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. - The delivery to the judicial authority of a person arrested without warrant by a peace officer, does not consist in a physical delivery, but in making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of release or of commitment of the prisoner, because the arresting officer cannot transfer to the judge and the latter does not assume the physical custody of the person arrested. MODIFIED ELEMENTS  If the offender is a private person = ILLEGAL DETENTION  In arbitrary detention under Article 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified in Article 125,

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without the detained prisoner detained having been delivered to the proper judicial authority. Article 125 does not apply when the arrest is by virtue of a warrant of arrest. - If the arrest is made with a warrant of arrest, the person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for his temporary release. Duty of detaining officer is deemed complied with upon the filing of the complaint with the judicial authority. Where a judge is not available or no charge is filed by the fiscal, the arresting officer is duty-bound to release a detained person, if the maximum hours for detention provided under Article 125 of the R.P.C. has already expired. Violation of Article 125 does not affect legality of confinement under process issued by a court.

CIRCUMSTANCES CONSIDERED IN DETERMINING LIABILITY OF OFFICER DETAINING A PERSON BEYOND LEGAL PERIOD 1. Means of communication 2. The hour of arrest 3. Other circumstances such as the time of surrender and the material possibility for the fiscal to make the investigation and file in time the necessary information RIGHTS OF THE PERSON DETAINED: 1. He shall be informed of the cause of his detention; and 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel. Art. 126. Delaying release. – The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person. CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

ACTS PUNISHABLE UNDER ARTICLE 126 1. By delaying the performance of a judicial or executive order for the release of a prisoner. 2. By unduly delaying the service of the notice of such order to said prisoner. 3. By unduly delaying the proceedings upon any petition for the liberation of such person. ELEMENTS OF DELAYING RELEASE: 1. That the offender is a public officer or employee; - The public officers who are most likely to commit the offense penalized in Article 126 are the wardens and peace officers temporarily in charge of the custody of prisoners or detained persons. 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person. 3. That the offender without good reason delays: (1) the service of the notice of such order to the prisoner; or (2) the performance of such judicial or executive order for the release of the prisoner; or (3) the proceedings upon a petition for the release of such person. Art. 127. Expulsion. – The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. ACTS PUNISHABLE UNDER ARTICLE 127 1. By expelling a person from the Philippines. 2. By compelling a person to change his residence. ELEMENTS OF EXPULSION: 1. That the offender is a public officer or employee; 2. That he expels any person from the Philippines, or compels a person to change his residence; 3. That the offender is not authorized to do so by law.

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 Only the court by final judgment can order a person to change his residence (ejectment proceedings, expropriation proceedings and in the penalty of destierro)  If an alien is expelled by the President = NO CRIME

Section Two. – Violation of domicile Art. 128. Violation of domicile. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods. ACTS PUNISHABLE UNDER ARTICLE 128 1. By entering any dwelling against the will of the owner thereof; or - presupposes opposition or prohibition by said owner whether express or implied 2. By searching papers or other effects found therein without the previous consent of such owner; or - The papers and other effects mentioned must be found in the dwelling. 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. - What constitutes the crime is the refusal of the offender to leave the premises when required to do so – not the entrance to the dwelling. ELEMENTS COMMON TO THREE ACTS: 1. That the offender is a public officer or employee.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. - A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court. MODIFIED ELEMENTS:  If the owner is a private individual = TRESPASS TO DWELLING  If the entrance by public officer or employee is only without consent of the owner of the dwelling or if the owner consented to such entrance = CRIME IS NOT COMMITTED  If a public officer searched a person outside his dwelling without search warrant and such person is not legally arrested for an offense and if violence and intimidation is used = GRAVE COERCION  If a public officer searched a person outside his dwelling without search warrant and such person is not legally arrested for an offense and there is no violence or intimidation = UNJUST VEXATION  A peace officer without search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in the dwelling is having unlawful possession of opium.  Silence of the owner of the dwelling before and during the search, without search warrant, by a public officer may show implied waiver.  Where the owner of the house did not object to the opening of her wooden closet and the taking of their personal properties, such failure to object or resist did not amount to an implied waiver of her right against unreasonable search and seizure where the petitioners were armed with handguns and one of the petitioners threatened and intimidated her. (Rojas v. Spouses Matillano, G.R. No. 141176, May 27, 2004) QUALIFYING CIRCUMSTANCES 1. If the offense is committed at nighttime; or 2. If any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender. Page 10

Art. 129. Search warrants maliciously obtained, and abuse in the service of those legally obtained. – In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. SEARCH WARRANT - an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court - shall be valid for ten days from its date PERSONAL PROPERTY TO BE SEIZED 1. Subject of the offense; 2. Stolen or embezzled and other proceeds or fruits of the offense; or 3. Used or intended to be used as the means of committing an offense ACTS PUNISHABLE IN CONNECTION WITH SEARCH WARRANTS 1. By procuring a search warrant without just cause; 2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. ALLOWABLE WARRANTLESS SEARCHES 1. Warrantless search incidental to a lawful arrest - A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense, without a search warrant. 2. Search of evidence in “plain view” - The elements are: CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

3. 4.

5. 6. 7. 8.

a. A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties; b. The evidence was inadvertently discovered by the police who had the right to be where they are; and c. “plain view” justified mere seizure of evidence without further search. Search of a moving vehicle Consented warrantless search - The consent must be voluntary in order to validate an otherwise illegal detention and search. Customs search Stop and Frisk Exigent and Emergency Circumstances Search of a vessel or aircraft

ELEMENTS OF PROCURING A SEARCH WARRANT WITHOUT JUST CAUSE: 1. That the offender is a public officer or employee; 2. That he procures a search warrant; 3. That there is no just cause. MODIFIED ELEMENTS:  If the procurement of the search warrant is through falsification of affidavit = ARTICLE 129 AND PERJURY  A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.  The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements together with any affidavits submitted.

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 The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.  The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property.  A search warrant is said to have been procured without just cause when it appears on the face of the affidavits filed in support of the application therefor, or through other evidence, that the applicant had every reason to believe that the search warrant sought for was unjustified. ELEMENTS OF EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED: 1. That the offender is a public officer or employee; 2. That he has legally procured a search warrant; 3. That he exceeds his authority or uses unnecessary severity in executing the same. Art. 130. Searching domicile without witnesses. – The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers, or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality. ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES: 1. That the offender is a public officer or employee;

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

2. That he is armed with search warrant legally procured; 3. That he searches the domicile, papers or other belongings of any person. 4. That the owner or any member of his family, or two witnesses residing in the same locality are not present.  Search without warrant under the Tariff and Customs Code does not include a dwelling house.

Section Three. – Prohibition, interruption, and dissolution of peaceful meetings Art. 131. Prohibition, interruption and dissolution of peaceful meetings. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same. The same penalty shall be imposed upon any public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. ACTS PUNISHABLE IN CONNECTION PEACEFUL MEETINGS, ASSOCIATIONS, PETITIONS

WITH AND

1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the same. 2. By hindering any person from joining any lawful association or from attending any of its meetings. 3. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

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ELEMENTS COMMON TO THE THREE ACTS: 1. That the offender is a public officer or employee; and - The offender must be a stranger, not a participant in the peaceful meeting. 2. That he performs any of the acts mentioned above. MODIFIED ELEMENTS:  If the offender is a private individual = TUMULTS  If the offender is a participant of the peaceful meeting = UNJUST VEXATION  If the offender interrupts or dissolves a meeting of the municipal council by a public officer = ARTICLE 143-144: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES  The person talking on prohibited subject at public meeting contrary to agreement that no speaker should touch on politics may be stopped.  The right to freedom of speech and to peacefully assemble, though guaranteed by our Constitution, is not absolute, for it may be regulated in order that it may not be “injurious to the equal enjoyment of others having equal rights, nor injurious to the right of the community or society,” and this power may be exercised under the “police power” of the state, which is the power to prescribe regulations to promote the good order or safety and general welfare of the people.  When the meeting to be held is not peaceful, there is legal ground for prohibiting it.  There is no legal ground to prohibit the holding of a meeting when the danger apprehended is not imminent and the evil to be prevented is not a serious one.  But stopping the speaker who was attacking certain churches in public meeting is a violation of Article 131.

Section Four. – Crimes against religious worship Art. 132. Interruption of religious worship. – The penalty of prision correccional in its minimum period shall be imposed upon any CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods. ELEMENTS WORSHIP:

OF INTERRUPTION

OF RELIGIOUS

1. That the offender is a public officer or employee. 2. That religious ceremonies or manifestations of any religion are about to take place or are going on. 3. That the offender prevents or disturbs the same. QUALIFYING CIRCUMSTANCES:  If the crime is committed with violence or threats.  Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of a religion, but only a meeting of a religious sect. Art. 133. Offending the religious feelings. – The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful. RELIGIOUS CEREMONIES - those religious acts performed outside of a church, such as processions and special prayers for burying dead persons ELEMENTS FEELINGS:

OF

OFFENDING

THE

RELIGIOUS

1. That the acts complained of were performed (1) in a place devoted to religious worship, or (2) during the celebration of any religious ceremony. 2. That the acts must be notoriously offensive to the feelings of the faithful.

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- The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration. - There must be deliberate intent to hurt the feelings of the faithful.  Offense to feelings is judged from complainant’s point of view.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

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Title Three CRIMES AGAINST PUBLIC ORDER Chapter One REBELLION, COUP D’ETAT, SEDITION, AND DISLOYALTY Art. 134. Rebellion or insurrection. – How committed. – The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, or any body of land, naval, or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. ELEMENTS OF REBELLION OR INSURRECTION: 1. That there be (a) public uprising, and (b) taking arms against the Government. 2. That the purpose of the uprising or movement is either – a. to remove from the allegiance to said Government or its laws: (1) the territory of the Philippines or any part thereof; or (2) any body of land, naval or other armed forces; or b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

CRIMINAL LAW II notes of TRVG Summary of Revised Penal Code by Luis B. Reyes

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