ABRENILLO NOTES

1 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016

TITLE ONE  (3) from the

circumstances
CRIMES AGAINST NATIONAL SECURITY surrounding the act

1. Treason (Art. 114);

2. Conspiracy and proposal to commit treason (Art.
115); Is breach of allegiance to a gov’t, committed by a person
3. Misprision of treason (Art. 116); and who owes allegiance to it.
4. Espionage (Art. 117).
It is a violation by a subject of his allegiance to his
CRIMES AGAINST THE LAW OF NATIONS
sovereign or to the supreme authority of the state (US v.
1. Inciting to war or giving motives for reprisals (Art. Abad)
118);
2. Violation of neutrality (Art. 119); Breach of allegiance to the government, committed by a
3. Corresponding with hostile country (Art. 120); person who owes allegiance to it.
4. Flight to enemy's country (Art. 121); and
Allegiance: obligation of fidelity and obedience.
5. Piracy in general and mutiny on the high seas (Art.
122). It is permanent or temporary depending on whether the
ART. 114 TREASON person is a citizen or an alien.

Elements: EO 44. Amended the RPC , which punishes a resident alien

 Offender is a Filipino citizen or an alien residing in
the Philippines.
 There is war in which the Philippines is involved.
 Offender either –
o Levies war against the gov’t
 that there be an actual
assembling of men;
 for the purpose of executing a
treasonable design by force
(deliver the country in whole or in
part to the enemy)
o Adheres to the enemies, giving aid or
comport.
 Adherence and giving aid or
comfort must concur together. It
must be a deed or physical
activity.
 Adherence: when a citizen
intellectually or emotionally
favors the enemy and harbors
convictions disloyal to his
country’s policy. But membership
in the police force during the
occupation is NOT treason.
 Adherence may be proved by:
 (1) one witness;
Adherence is a state of
mind that’s why its not
apply.
 (2) from the nature of the
act itself;
who commits treason.
EVIDENT PREMEDITATION, SUPERIOR STRENGTH AND
TREACHERY are circumstances inherent in treason, and
are, therefore, not aggravating.
Treason cannot be committed in times of peace, only in
times of war – actual hostilities. But no need for declaration
of war
Treason is a CONTINUING CRIME. Even after the war,
offender can be prosecuted. (Pp. v Victoria)
Can be committed by Filipino outside the Philippines.
Treason by Alien must be committed in the Philippines
No such thing as attempted treason; mere attempt
consummates the crime
Giving aid or comfort – material element, enhances forces
of the enemy country. Acts which strengthen or tend to
strengthen the enemy in the conduct of war against the
traitor’s country or that which weaken and tend to weaken
the power of the same.
NOT TREASONOUS:
1. Acceptance of public office and discharge of
official duties under the enemy does not
constitute per se the felony of treason (exception:
when it is policy determining)
2. Serving in a puppet government (ministerial
functions) and in order to serve the populace is
NOT treasonous. But it is treason if: a) there is
discretion involved; b) inflicts harm on Filipinos; c)
it is disadvantageous to them.

JOFIL JAMES ABRENILLO

Licensed Customs Broker

2 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
3. Purpose of offender: to deliver the Philippines to
enemy country; if merely to change officials – not
treason
4. Filipino citizens can commit treason outside the
Philippines. But that of an alien must be
committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens
can be held liable
6. Alien: with permanent resident status from the BID
– it is neither the length of stay in the Philippines
nor the marriage with a Filipino that matters.
7. Commandeering women to satisfy the lust of the
enemy country is not a treason.
8. Arrest of persons alleged to have been guerrillas
was caused by the accused due to their
committing a common crime, like arson, he is not
liable for treason. (Pp. v Dumapit)
9. The aid or comfort to the enemies must be the
subject of a foreign power.
10. No treason through negligence. (Cramer v US)
11. No complex crime of Treason with murder,
physical injuries. Murder and PI is inherent to the
crime treason. (Pp. v Prieto)
12. No intent betray the country.
WAYS OF PROVING TREASON:
 2 witnesses testifying to same overt act
 Confession of the accused in open court.
Arraignment, pre-trial, trial – OK.
2 WITNESS RULE
 The testimony of 2 witness is required prove the
overt act of giving aid or comfort. It is not
necessary to prove adherence.
 Overt Act – physical activity, that deed that
constitutes the rendering of Aid and comfort.
 The defendant must acquitted if only one of the
witnesses is believed by the court.
 Two witness rule, is not affected by the
discrepancies in minor details of the testimony.
 The reason of requiring the two witnesses to
testify to the same overt act.
 Corroborate each other
 Does not allow circumstantial evidence
Adherence may be proved by:
 one witness;
 from the nature of the act itself;
 from the circumstances surrounding the act
The reason why adherence to the enemy need not be
proved by two witnesses – Because it is designed in the
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
mind of the accused never is susceptible of proof by direct
testimony.
Confession of guilt must be made in open court.
Confession of the accused in open court. Arraignment, pre-
trial, trial – OK.
 If he has pleaded NOT guilty already during
arraignment, he can still confess in open court by
stating the particular acts constituting treason.
 During trial, simply saying “I’m guilty” is not
enough.
 Withdrawing plea of “not guilty” during
arraignment not necessary
 If during arraignment he pleads guilty, court will
ask if the accused understands is plea. Submission
of affidavit during trial, even if assisted by counsel
is not enough.
Defense of suspended allegiance and change of
sovereignty, NOT ACCEPTED (Laurel v. Misa)
a.) Citizen owes an absolute and permanent
allegiance to his gov’t
b.) Sovereignty of the government cannot be
transferred to the enemy mere occupation
c.) What is suspended is the exercised of the rights of
the sovereignty
Defense of duress/Uncontrollable fear and obedience to a
de facto gov’t is GOOD DEFENSE. (Pp v Villanueva & Go Kim
Cham v. Valdez)
Defense of loss of citizenship by joining the army of the
enemy is NOT A VALID DEFENSE.
If the contention of the accused would be sustained, his
very crime would be the shield that would protect him
from punishment. (Pp. v Manayao).
Finger woman is considered as Aid or comfort.
Not subject to application ISL, (expressly provided in ISL
and it is punishable by RP an indivisible penalty.
ART. 115 CONSPIRACY AND PROPOSAL TO COMMIT
TREASON
Elements:
 In times of war
 2 or more persons come to an agreement to and
decide to commit it.
Mere agreement and decisions to commit treason is
punishable

3 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Mere proposal even without acceptance is punishable
too. If the other accepts, it is already conspiracy.
The reason is that in treason the very existence of the
state is endangered.
Two witness rule does not apply to conspiracy or proposal
to commit treason. Because it is a separate and distinct
offense from that of treason. (US v Bautista)
ART. 116 MISPRISION OF TREASON
Elements:
 That the offender must be owing allegiance to the
government, and not a foreigner
 That he has knowledge of any conspiracy (to
commit treason) against the government
 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
116 is an exception to the rule mere silence of the person
does not make a person criminally liable.
Misprision cannot be committed by a resident alien.
If treason already committed and the accused does not
report to the proper authority shall NOT BE LIABLE.
Offender is punished as an accessory to the crime of
treason
This crime does not apply if the crime of treason is already
committed
It is a Crime of omission
“To report within a reasonable time” – depends on time,
place and circumstance – the RPC did not fix time.
RPC states 4 individuals, what if you report to some other
high-ranking government official? Ex. PNP Director? Judge
Pimentel says any gov’t official of the DILG is OK.
While in treason, even aliens can commit said crime
because of the amendment to the article, no such
amendment was made in misprision of treason. Misprision
of treason is a crime that may be committed only by
citizens of the Philippines.
The essence of the crime is that there are persons who
conspire to commit treason and the offender knew this
and failed to make the necessary report to the government
within the earliest possible time. What is required is to
report it as soon as possible. The criminal liability arises if
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
the treasonous activity was still at the conspiratorial stage.
Because if the treason already erupted into an overt act,
the implication is that the government is already aware of
it. There is no need to report the same. This is a felony by
omission although committed with dolo, not with culpa.
The persons mentioned in Article 116 are not limited to
mayor, fiscal or governor. Any person in authority having
equivalent jurisdiction, like a provincial commander, will
already negate criminal liability.
Whether the conspirators are parents or children, and the
ones who learn the conspiracy is a parent or child, they are
required to report the same. The reason is that although
blood is thicker than water so to speak, when it comes to
security of the state, blood relationship is always
subservient to national security. Article 20 does not apply
here because the persons found liable for this crime are
not considered accessories; they are treated as principals.
In the 1994 bar examination, a problem was given with
respect to misprision of treason. The text of the provision
simply refers to a conspiracy to overthrow the
government. The examiner failed to note that this crime
can only be committed in times of war. The conspiracy
adverted to must be treasonous in character. In the
problem given, it was rebellion. A conspiracy to overthrow
the government is a crime of rebellion because there is no
war. Under the Revised Penal Code, there is no crime of
misprision of rebellion.
ART.117 ESPIONAGE
Espionage 1 - by entering, without authority therefor,
warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs
or other data of a confidential nature relative to the
defense of the Philippines.
Elements:
 That the offender enters any of the places
mentioned therein
 That he has no authority therefore;
 That his purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines
Offender – any person whether Filipino citizen or a
foreigner, a private individual or a public officer. (next
higher penalty for public officer/employee.
 ABRENILLO NOTES
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Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Espionage 2 - by disclosing to the representative of a SEC 6 – Harboring or concealing violators of the law.
foreign nation the contents of the articles, data, or
information referred to in paragraph 1 of Article 117, which
he had in his possession by reason of the public office ESPIONAGE VS TREASON
holds.
Espionage is a crime not Treason is committed only
Elements: conditioned by the in times of war, while
citizenship of the offender. espionage may be
 That the offender is a public officer
This is also true as regards committed both in time of
to Treason, in view of the peace and in time of war.
 That he has in his possession the articles, data or
amendment of Art. 114 It is limited in two ways of
information referred to in par 1 of art 117, by
committing the crime:
reason of the public office he holds
levying war, and adhering
 That he discloses their contents to a to the enemy giving him
representative of a foreign nation aid or comfort while
Offender: must be public officer/official who has in his espionage may be
possession the ARTICLE, DATA, OR INFO by reason of the committed in many ways.
public office he holds.

To be liable for Espionage 1, the offender must have the II. CRIMES AGAINST LAWS ON NATION
intention to obtain info relative to the defense of the gov’t
ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR
Intention not important what is important is the purpose. REPRISALS

Purpose: to gather data

Espionage: the offense of gathering, transmitting, or losing Elements:

information respecting the national defense with the
intent or reason to believe that the information is to be
used to the injury of the Philippines or the advantage of
any foreign nation. It is not conditioned on citizenship.
Not necessary that Philippines is at war with the country to
which the information was revealed. What is important is
that the information related is connected with the defense
system of the Philippines.
Wiretapping is NOT espionage if the purpose is not
something connected with the defense.
 Offender performs unlawful or unauthorized acts;
 The acts provoke or give occasion for –
a. a war involving or liable to
involve the Philippines; or
b. exposure of Filipino citizens to
reprisals on their persons or
property.
Crime is committed in time of peace, intent is immaterial
Inciting to war – offender is any person

Other acts of espionage are punishable by CA 616.
CCOMMONWEALTH ACT 616
An Act to Punish Espionage and other Offenses Against
National Security
Reprisals is not limited to military action, it could be
economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the
entry of Filipinos into China, that is already reprisal.

The raising, without sufficient authorization, of troops

SEC 1 - Unlawfully obtaining or permitting to be obtained within the Philippines for the service of a foreign nation
information affecting national defense. against another nation.

SEC 2 – Unlawful disclosing of information affecting

Public destruction of the flag or seal of a foreign state or
national defense.
the public manifestations of hostility to the head or
SEC 3 – Disloyal acts or words in time of peace. ambassador of another state.

SEC 4 – Disloyal acts or words in time of peace.

Intention of the accused is immaterial.
SEC 5 –Conspiracy to violate preceding sections.

JOFIL JAMES ABRENILLO

Licensed Customs Broker
 ABRENILLO NOTES
5 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
The crime of inciting war or giving motives for reprisals is Correspondence – is communication by means of letters;
committed in time of peace. or it may refer to the letters which pass between those who
have friendly or business relations.
Penalty:
Private Individual: Prison Mayor Even if correspondence contain innocent matters, if the
Public Officer: Reclusion Temporal correspondence prohibited by the gov’t, it is punishable.

Circumstances qualifying the offense:

ART. 119 VIOLATION OF NEUTRALITY

a. notice or information might be useful to the enemy

Elements: b. offender intended to aid the enemy

 There is a war in which the Philippines is not Note: If the offender intended to aid the enemy by giving
involved;
such notice or information, the crime amounts to treason;
 There is a regulation issued by a competent
hence the penalty is the same as that for treason.
authority to enforce neutrality;
 Offender violates the regulation.
Hostile country exist only during hostilities or after the
Neutrality – A nation or power which takes no part in the declaration of war
contest of arms going on between others is referred as
neutral. Correspondence to enemy country – correspondence to
officials of enemy country – even if related to you.
There must be a regulation issued by competent authority
for the enforcement of neutrality. It is the violation of such
It is not correspondence with private individual in enemy
regulation which constitutes the crime.
country
Congress has the right to declare neutrality.
If ciphers were used, no need for prohibition
When we say national security, it should be interpreted as
including rebellion, sedition and subversion. The Revised If ciphers were not used, there is a need for prohibition
Penal Code does not treat rebellion, sedition and
subversion as crimes against national security, but more of In any case, it must be correspondence with the enemy
crimes against public order because during the time that country
the Penal Code was enacted, rebellion was carried out only
with bolos and spears; hence, national security was not Doesn’t matter if correspondence contains innocent
really threatened. Now, the threat of rebellion or internal matters – if prohibited, punishable
wars is serious as a national threat.

ART. 120 CORRESPONDENCE WITH HOSTILE COUNTRY

ART. 121 FLIGHT TO ENEMY'S COUNTRY

Elements:
 It is in time of war in which the Philippines is
involved;
 Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
 The correspondence is either –
a. prohibited by the government;
b. carried on in ciphers or conventional
signs; or
c. containing notice or information which
might be useful to the enemy.
Elements:
 There is a war in which the Philippines is involved;
 Offender must be owing allegiance to the
government;
 Offender attempts to flee or go to enemy country;
 Going to the enemy country is prohibited by
competent authority.
Mere attempt consummates the crime

JOFIL JAMES ABRENILLO

Licensed Customs Broker

6 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
There must be a prohibition. If none, even if went to enemy
country – no violation
Alien resident may be guilty here – An alien resident in the
country can be held liable under this article. The law does
not say “not being a foreigner”. Hence, the allegiance
contemplated in this article is either natural or temporary
allegiance.
“When prohibited by competent authority”
Article 121 must be implemented by the gov’t. If fleeing or
going to an enemy country is not prohibited by competent
authority, the crime defined in Art . 121 cannot be
committed.
In crimes against the law of nations, the
offenders can be prosecuted anywhere in the world
because these crimes are considered as against
humanity in general, like piracy and mutiny. Crimes
against national security can be tried only in the
Philippines, as there is a need to bring the offender
here before he can be made to suffer the
consequences of the law. The acts against national
security may be committed abroad and still be
punishable under our law, but it cannot be tried
under foreign law.
ART. 122 PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS OR IN PHILIPPINE WATERS
PIRACY IN GENERAL
Attacking or seizing a vessel on the high seas or in
Philippine waters;
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.
Elements:
 The vessel is on the high seas or Philippine waters;
 Offenders are neither members of its complement
nor passengers of the vessel;
 Offenders either –
a. attack or seize a vessel on the high
seas or in Philippine waters; or
b. seize 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;
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
 There is intent to gain.
Originally, the crimes of piracy and mutiny can only be
committed in the high seas, that is, outside Philippine
territorial waters. But in August 1974, Presidential Decree
No. 532 (The Anti-Piracy and Anti-Highway Robbery Law
of 1974) was issued, punishing piracy, but not mutiny, in
Philippine territorial waters. Thus came about two kinds of
piracy: (1) that which is punished under the Revised Penal
Code if committed in the high seas; and (2) that which is
punished under Presidential Decree No. 532 if committed
in Philippine territorial waters.
Amending Article 122, Republic Act No. 7659 included
therein piracy in Philippine waters, thus, pro tanto
superseding Presidential Decree No. 532. As amended,
the article now punishes piracy, as well as mutiny, whether
committed in the high seas or in Philippine territorial
waters, and the penalty has been increased to reclusion
perpetua from reclusion temporal.
But while under Presidential Decree No. 532, piracy in
Philippine waters could be committed by any person,
including a passenger or member of the complement of a
vessel, under the amended article, piracy can only be
committed by a person who is not a passenger nor
member of the complement of the vessel irrespective of
venue. So if a passenger or complement of the vessel
commits acts of robbery in the high seas, the crime is
robbery, not piracy.
Note, however, that in Section 4 of Presidential Decree No.
532, the act of aiding pirates or abetting piracy is penalized
as a crime distinct from piracy. Said section penalizes any
person who knowingly and in any manner aids or protects
pirates, such as giving them information about the
movement of the police or other peace officers of the
government, or acquires or receives property taken by
such pirates, or in any manner derives any benefit
therefrom; or who directly or indirectly abets the
commission of piracy. Also, it is expressly provided in the
same section that the offender shall be considered as an
accomplice of the principal offenders and punished in
accordance with the Revised Penal Code. This provision of
Presidential Decree No. 532 with respect to piracy in
Philippine water has not been incorporated in the Revised
Penal Code. Neither may it be considered repealed by
Republic Act No. 7659 since there is nothing in the
amendatory law is inconsistent with said section.
Apparently, there is still the crime of abetting piracy in
Philippine waters under Presidential Decree No. 532.
 ABRENILLO NOTES
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Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
Considering that the essence of piracy is one of robbery, HIGH SEAS: any waters on the sea coast which are without
any taking in a vessel with force upon things or with the boundaries of the low water mark although such
violence or intimidation against person is employed will waters may be in the jurisdictional limits of a foreign gov’t
always be piracy. It cannot co-exist with the crime of
PD 532 has been already repealed
robbery. Robbery, therefore, cannot be committed on
board a vessel. But if the taking is without violence or Piracy in high seas – jurisdiction is with any court where
intimidation on persons of force upon things, the crime of offenders are found or arrested
piracy cannot be committed, but only theft.
Piracy in internal waters – jurisdiction is only with
Could theft be committed on board a vessel? Philippine courts

Yes. The essence of piracy is one of robbery. For purpose of Anti-Fencing Law, piracy is part of robbery
and theft
MUTINY
PIRACY and MUTINY, when considered as TERRORISM
Elements:
Under, RA 9372 otherwise known as the Human Security
 The vessel is on the high seas or Philippine waters;
Act of 2007, a person who commits an act punishable as
 Offenders are either members of its complement,
piracy and mutiny under Art 122 of the RPC thereby
or passengers of the vessel
sowing and creating a condition of widespread and
 Offenders either – extraordinary fear and panic among populace, in order to
a. attack or seize the vessel; or coerce the gov’t to give in to an unlawful demand shall be
guilty of the crime of TERRORISM, and shall be punished
b. seize the whole or part of the cargo, its
the penalty of 40 years imprisonment, without benefit of
equipment, or personal belongings of the crew
parole.
or passengers.

Mutiny is the unlawful resistance to a superior officer, or

the raising of commotions and disturbances aboard a ship ART. 123 QUALIFIED PIRACY
against the authority of its commander.

Distinction between mutiny and piracy

Elements:
PIRACY - Robbery or forcible degradation on the high seas,
without lawful authority and done with animo furandi and  The vessel is on the high seas or Philippine waters
in the spirit and intention of universal hostility. (Pp v Lol-
lo and Sarao)  Offenders may or may not be members of its
complement, or passengers of the vessel;
MUTINY - Unlawful resistance to a superior officer, or the  Offenders either –
raising of commotion and disturbances on board a ship a. attack or seize the vessel; or
against the authority of its commander b. seize the whole or part of the cargo, its
equipment., or personal belongings of the
(1) As to offenders
crew or passengers;
Mutiny is committed by members of the complement or  The preceding were committed under any of the
the passengers of the vessel. Attack from inside. following circumstances:
a. whenever they have seized a vessel by
Piracy is committed by persons who are not members of boarding or firing upon the same;
the complement or the passengers of the vessel. Attack b. whenever the pirates have abandoned
from outside. their victims without means of saving
(2) As to criminal intent themselves; or
c. whenever the crime is accompanied by
In mutiny, there is no criminal intent. murder, homicide, physical
injuries or rape
In piracy, the criminal intent is for gain.

“Upon those who commit any of the crimes referred to in

the preceding Article”

JOFIL JAMES ABRENILLO

Licensed Customs Broker

8 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
The word “Crimes” in the quoted phrase in the opening
sentence of Article 123, refers to piracy and mutiny on the
high seas.
Before Article 122 was amended by RA 7659, only piracy
and mutiny on high seas were covered by the RPC . The
commission of the acts described in Art 122 and/or 123 in
the Philippines waters was punished was punished as
piracy under PD 532.
PD 532 covers any person while Article 122 as amended
covers only persons who are not passengers or members
of its complement.
Art 122 before amendment: Piracy must be committed on
HIGH SEAS by ANY PERSON NOT A PASSENGER/MEMBER
of its complement.
RA 7659: “In the Philippine waters”
PD 532: “any person including a passenger or member of
the complement of said vessel in the Philippine waters”
Qualified Piracy is special complex crime punishable by RP
to DEATH, regardless of the number of victim.
Philippine Waters – It shall refer to all bodies of water , such
as but not limited to, seas, gulfs, bays around and
connecting each of the island of the Philippine
Archipelago.
Vessel – Any vessel of watercraft used for transport of
passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of
vessels or boats used in fishing.
Any person who aids or protects pirates or abets the
commission of piracy shall be considered as an
accomplice.
Parricide/infanticide should be included (Judge Pimentel)
Note the new rape law. Death is imposed in certain types
of rape
There is a conflict between this provision and the provision
on rape. Ex. If rape is committed on someone below 7 –
death under the new rape law. But if rape committed on
someone below 7 during the time of piracy – RP to death.
Irreconcilable.
Murder/rape/homicide/physical injuries must have been
committed on the passengers or complement
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
If any of the circumstances in Article123 is present, piracy
is qualified. Take note of the specific crimes involve in
number 4 c (murder, homicide, physical injuries or rape).
When any of these crimes accompany piracy, there is no
complex crime. Instead, there is only one crime committed
– qualified piracy. Murder, rape, homicide, physical injuries
are mere circumstances qualifying piracy and cannot be
punished as separate crimes, nor can they be complexed
with piracy.
Although in Article 123 merely refers to qualified
piracy, there is also the crime of qualified mutiny.
Mutiny is qualified under the following
circumstances:
(1) When the offenders abandoned the
victims without means of saving themselves; or
(2) When the mutiny is accompanied by rape,
murder, homicide, or physical injuries.
Note that the first circumstance which qualifies piracy does
not apply to mutiny.
RA 6235 THE ANTI HI-JACKING LAW
Anti hi-jacking is another kind of piracy which is
committed in an aircraft. In other countries, this crime is
known as aircraft piracy.
4 situations governed by anti hi-jacking law:
(1) usurping or seizing control of an aircraft of
Philippine registry while it is in flight, compelling
the pilots thereof to change the course or
destination of the aircraft;
(2) usurping or seizing control of an aircraft of
foreign registry while within Philippine territory,
compelling the pilots thereof to land in any part of
Philippine territory;
(3) carrying or loading on board an aircraft
operating as a public utility passenger aircraft in
the Philippines, any flammable, corrosive,
explosive, or poisonous substance; and
(4) Loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in the
Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done not in
accordance with the rules and regulations set and

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promulgated by the Air Transportation Office on
this matter.
Between numbers 1 and 2, the point of distinction is
whether the aircraft is of Philippine registry or foreign
registry. The common bar question on this law usually
involves number 1. The important thing is that before the
anti hi-jacking law can apply, the aircraft must be in flight.
If not in flight, whatever crimes committed shall be
governed by the Revised Penal Code. The law makes a
distinction between aircraft of a foreign registry and of
Philippine registry. If the aircraft subject of the hi-jack is
of Philippine registry, it should be in flight at the time of
the hi-jacking. Otherwise, the anti hi-jacking law will not
apply and the crime is still punished under the Revised
Penal Code. The correlative crime may be one of grave
coercion or grave threat. If somebody is killed, the crime
is homicide or murder, as the case may be. If there are
some explosives carried there, the crime is destructive
arson. Explosives are by nature pyro-techniques.
Destruction of property with the use of pyro-technique is
destructive arson. If there is illegally possessed or carried
firearm, other special laws will apply.
On the other hand, if the aircraft is of foreign registry, the
law does not require that it be in flight before the anti hi-
jacking law can apply. This is because aircrafts of foreign
registry are considered in transit while they are in foreign
countries. Although they may have been in a foreign
country, technically they are still in flight, because they
have to move out of that foreign country. So even if any
of the acts mentioned were committed while the exterior
doors of the foreign aircraft were still open, the anti hi-
jacking law will already govern.
Note that under this law, an aircraft is considered in flight
from the moment all exterior doors are closed following
embarkation until such time when the same doors are
again opened for disembarkation. This means that there
are passengers that boarded. So if the doors are closed to
bring the aircraft to the hangar, the aircraft is not
considered as in flight. The aircraft shall be deemed to be
already in flight even if its engine has not yet been started.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
I
1. Arbitrary detention ( Art. 124)
2. Delay in the delivery of detained persons to the
proper judicial authorities. (Art 125)
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
3. Delaying release (Art 126)
4. Expulsion (Art 127)
5. Violation of Domicile (Art 128)
6. Search warrants maliciously obtained and abuse in
the service of those legally obtained. (Art 129)
7. Searching domicile without witnesses (Art 130)
8. Prohibition, interruption and dissolution of
peaceful meetings (Art 131)
9. Interruption of religious worship (Art 132)
10. Offending the religious feelings (Art 133)
Crimes under this title are those which violate the Bill of
Rights accorded to the citizens under the Constitution.
Under this title, the offenders are public officers, except as
to the last crime – offending the religious feelings under
Article 133, which refers to any person. The public officers
who may be held liable are only those acting under
supposed exercise of official functions, albeit illegally.
In its counterpart in Title IX (Crimes Against Personal
Liberty and Security), the offenders are private persons.
But private persons may also be liable under this title as
when a private person conspires with a public officer.
What is required is that the principal offender must be a
public officer. Thus, if a private person conspires with a
public officer, or becomes an accessory or accomplice, the
private person also becomes liable for the same crime. But
a private person acting alone cannot commit the crimes
under Article 124 to 132 of this title.
Classes of Arbitrary Detention:
 By detaining a person without legal ground
 Delay in the delivery of detained persons to the
proper judicial authorities
 Delaying release
ART. 124 ARBITRARY DETENTION
Elements:
 That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons; jurisdiction to
maintain peace and order).
 That he detains a person (actual restraint).
 That the detention was without legal grounds
(cannot be committed if with warrant).
ABSENCE OF LEGAL GROUNDS
1. No crime was committed by the detained;
2. There is no violent insanity of the detained person; and

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3. The person detained has no ailment which requires
compulsory confinement in a hospital.
DETENTION: when a person is placed in confinement or
there is a restraint on his person.
The crime of arbitrary detention assumes several forms:
(1)Detaining a person without legal grounds under;
(2)Having arrested the offended party for legal grounds
but without warrant of arrest, and the public officer does
not deliver the arrested person to the proper judicial
authority within the period of 12, 18, or 36 hours, as the
case may be; or
(3)Delaying release by competent authority with the same
period mentioned in number 2.
Detention need not involve any physical restraint.
Psychological restraint is sufficient. If the acts and
actuations of the accused can produce such fear in the
mind of the victim sufficient to paralyze the latter, to the
extent that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the
accused, then the victim is, for all intents and purposes,
detained against his will. (Pp v Astorga)
Legal Grounds for detention of Persons
1. The Commission of a crime
2. Violent insanity
3. Any other ailment requiring compulsory
confinement of the patient in a hospital
Note: This list is not exclusive so long as the ground is
considered legal. (e.g. in contempt of court, under
quarantine, or a foreigner to be deported).
Public officer or Employee must have the authority
Must be vested with authority to detain or order the
detention of persons accused of a crime such public
officers are the policemen and other agents of the law, the
judges or mayors and barangay captain. (Milo vs Salanga)
Arbitrary detention can be, and generally is, committed
through arrest without a warrant (Pp v Batalones) The
crime of unlawful arrest is absorbed by the crime of
arbitrary detention.
LAWFUL ARREST WITHOUT WARRANT
1. In flagrante delicto – When is his presence, the
person to be arrested actually committed, is
actually committing, or is attempting to commit
an offense.
JOFIL JAMES ABRENILLO
Licensed Customs Broker
ABRENILLO NOTES
Criminal law 2
2. Hot Pursuit – When an offense has in fact just been
committed, and he has probable cause to believe
based on personal knowledge of facts and
circumstances that the person to be arrested has
committed it.
3. Escapee – When the person to be arrested is a
prisoner who has escaped from a penal
establishment, or place where he is serving his
sentence.
4. If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him
without a warrant at any time and in place within
the Philippines.
5. For the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written
authority.
6. Accused released on bail may be re-arrested
without the necessity of a warrant if he attempts
to depart from the Philippines without permission
of the court where the case is pending.
Periods of Detention Penalized
1. If the detention has not exceed three (3) days:
2. If the detention has continued more than three (3)
days but not more than fifteen (15) days
3. If the detention has continued more than fifteen
15 days but not more than 6 months
4. If the detention has exceeded six 6 months. A
greater penalty is imposed if the period is longer.
Note: Art 124 does not fix the minimum period of
detention. The arbitrary detention may last for less than
half an hour (US v Braganza)
Though the elements specify that the offender be a public
officer or employee, private individuals who conspire with
public officers can also be liable.
Legal grounds for the detention of any person:
Without legal grounds:
Know grounds for warrantless arrest:
For escaped prisoner – no need for warrant
Rolito Go v. CA is an example of arbitrary detention (Judge
Pimentel)
Example: Y was killed by unknown assailant. Officers got a
tip and arrested X. X voluntarily admitted to the officers
that he did it although he was not asked. X was detained
immediately. According to the SC, there was NO arbitrary
detention. Why? Because once X made a confession, the
officers had a right to arrest him.

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Continuing crime is different from a continuous crime
Ramos v. Enrile: Rebels later on retire. According to the SC,
once you have committed rebellion and have not been
punished or amnestied, then the rebels continue to
engage in rebellion, unless the rebels renounce his
affiliation. Arrest can be made without a warrant because
this is a continuing crime.
commission of a crime
ABRENILLO NOTES
Criminal law 2
1. A janitor at the Quezon City Hall was assigned in
cleaning the men’s room. One day, he noticed a fellow
urinating so carelessly that instead of urinating at the bowl,
he was actually urinating partly on the floor. The janitor
resented this. He stepped out of the men’s room and
locked the same. He left. The fellow was able to come out
only after several hours when people from the outside
forcibly opened the door. Is the janitor liable for arbitrary
detention?

violent insanity or other ailment requiring compulsory No. Even if he is a public officer, he is not permitted by his
confinement of the patient in a hospital official function to arrest and detain persons. Therefore,
he is guilty only of illegal detention. While the offender is
he has not committed any crime or no reasonable ground a public officer, his duty does not include the authority to
of suspicion that he has committed a crime make arrest; hence, the crime committed is illegal
not suffering from violent insanity or any other ailment detention.
requiring compulsory confinement in a hospital 2.A municipal treasurer has been courting his secretary.
Crime is about to be, is being, has been committed However, the latter always turned him down. Thereafter,
she tried to avoid him. One afternoon, the municipal
Officer must have reasonable knowledge that the person treasurer locked the secretary inside their office until she
probably committed the crime started crying. The treasurer opened the door and allowed
her to go home. What crime was committed?
ARBITRARY DETENTION ILLEGAL DETENTION
The principal offender The principal offender is a Illegal detention. This is because the municipal treasurer
must be a public officer. private person. But a has no authority to detain a person although he is a public
Civilians can commit the public officer can commit
officer.
crime of arbitrary the crime of illegal
detention except when detention when he is In a case decided by the Supreme Court a Barangay
they conspire with a public acting in a private capacity Chairman who unlawfully detains another was held to be
officer committing this or beyond the scope of his guilty of the crime of arbitrary detention. This is because
crime, or become an official duty, or when he he is a person in authority vested with the jurisdiction to
accomplice or accessory to becomes an accomplice or
maintain peace and order within his barangay. In the
the crime committed by accessory to the crime
maintenance of such peace and order, he may cause the
the public officer; and committed by a private
arrest and detention of troublemakers or those who
person.
disturb the peace and order within his barangay. But if the
The offender who is a The offender, even if he is
public officer has a duty a public officer, does not legal basis for the apprehension and detention does not
which carries with it the include as his function the exist, then the detention becomes arbitrary.
authority to detain a power to arrest and detain
Whether the crime is arbitrary detention or illegal
person. a person, unless he
detention, it is necessary that there must be an actual
conspires with a public
restraint of liberty of the offended party. If there is no
officer committing
arbitrary detention. actual restraint, as the offended party may still go to the
Note: that in the crime of arbitrary detention, although the place where he wants to go, even though there have been
offender is a public officer, not any public officer can warnings, the crime of arbitrary detention or illegal
commit this crime. Only those public officers whose official detention is not committed. There is either grave or light
duties carry with it the authority to make an arrest and threat.
detain persons can be guilty of this crime. So, if the However, if the victim is under guard in his movement such
offender does not possess such authority, the crime that there is still restraint of liberty, then the crime of either
committed by him is illegal detention. A public officer who arbitrary or illegal detention is still committed.
is acting outside the scope of his official duties is no better
than a private citizen. The offended party was brought to a place which he could
not leave because he does not know where he is, although

JOFIL JAMES ABRENILLO

Licensed Customs Broker
 ABRENILLO NOTES
12 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
free to move about. Was arbitrary or illegal detention ART. 125 DELAY IN THE DELIVERY OF DETAINED
committed? PERSONS

Ans:Either arbitrary detention or illegal detention was

committed. If a person is brought to a safe house, Elements:
blindfolded, even if he is free to move as he pleases, but if
 That the offender is a public officer or employee
he cannot leave the place, arbitrary detention or illegal
 That he has detained a person for some legal
detention is committed.
grounds
ARBITRARY DETENTION UNLAWFUL ARREST  That he fails to deliver such person to the proper
As to the offender: In unlawful arrest, the judicial authority within:
In arbitrary detention, the offender may be any o 12 hours, if detained for crimes/offenses
offender is a public officer person. punishable by light penalties, or their
possessed with authority equivalent
to make arrests. o 18 hours, for crimes/offenses punishable
As to criminal intent: In unlawful arrest, the by correctional penalties, or their
In arbitrary detention, the purpose is to accuse the equivalent or
main reason for detaining offended party of a crime
o 36 hours, for crimes/offenses punishable
the offended party is to he did not commit, to
by capital punishment or afflictive
deny him of his liberty. deliver the person to the
penalties, or their equivalent
proper authority, and to
file the necessary charges This article includes Sundays, Holidays and election days in
in a way trying to the computation of the periods prescribed within which
incriminate him.
public officers should deliver the arrested persons to the
proper judicial authorities as the law never makes an
Note: When a person is unlawfully arrested, his subsequent
exception (Soria v Desierto).
detention is without legal grounds.
The provisions of Art. 125 of the RPC, to the contrary
A had been collecting tong from drivers. B, a driver, did
notwithstanding, any police or law enforcement personnel,
not want to contribute to the tong. One day, B was
who, having been duly authorized in writing by the Anti-
apprehended by A, telling him that he was driving
Terrorism Council has taken custody of a person charge
carelessly. Reckless driving carries with it a penalty of
with or suspected of the crime of terrorism or the crime
immediate detention and arrest. B was brought to the
conspiracy to commit terrorism shall be deliver said
Traffic Bureau and was detained there until the evening.
charges or suspected person to the proper judicial
When A returned, he opened the cell and told B to go
authorities within the period of 3 days counted from the
home. Was there a crime of arbitrary detention or unlawful
moment the said charged or suspected person has been
arrest?
apprehended or arrested, detained and taken into custody
ANSWER by the said police, or law enforcement personnel. ( RA 9372
Sec 18)
Arbitrary detention. The arrest of B was only incidental to
the criminal intent of the offender to detain him. But if In the event of an actual or imminent terrorist attack
after putting B inside the cell, he was turned over to the suspects may not be detained for more than three 3 days
investigating officer who booked him and filed a charge of without the written approval of a municipal, city, provincial
reckless imprudence against him, then the crime would be or regional official of a Human Rights Commission or
unlawful arrest. The detention of the driver is incidental to judge or Judge of MTC , RTC and Sandiganbayan or a
the supposed crime he did not commit. But if there is no justice of the Court of Appeals nearest the place of the
supposed crime at all because the driver was not charged arrest. (RA 9372 Sec 19).
at all, he was not given place under booking sheet or
Circumstances considered in determining liability of officer
report arrest, then that means that the only purpose of the
detaining a person beyond legal period:
offender is to stop him from driving his jeepney because
he refused to contribute to the tong. 1. The means of communication
2. The hour of arrest; and
3. Other circumstances such as
a. The time of surrender;

JOFIL JAMES ABRENILLO

Licensed Customs Broker
 ABRENILLO NOTES
13 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016
b. The material possibility for the fiscal to
make the investigation and file in time the
necessary information: and
c. The gov’t office hours (Sayo v. Chief of the
Police of Manila)

Delivery to Proper Authorities

It 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.

Really means delay in filing necessary information or

charging of person detained in court. May be waived if a
preliminary investigation is asked for.

Does not contemplate actual physical delivery but at least

there must be a complaint filed. Duty complied with upon
the filing of the complaint with the judicial authority
(courts, prosecutors – though technically not a judicial
authority, for purposes of this article, he’s considered as
one.)

The filing of the information in court does not cure

illegality of detention. Neither does it affect the legality of
the confinement under process issued by the court.

To escape from this, officers usually ask accused to execute

a waiver which should be under oath and with assistance
of counsel. Such waiver is not violative of the accused
constitutional right.

What is length of waiver? Light offense – 5 days. Serious

and less serious offenses – 7 to 10 days. (Judge Pimentel)

Article does not apply when arrest is via a warrant of arrest

If offender is a private person, crime is illegal detention

JOFIL JAMES ABRENILLO

Licensed Customs Broker
 ABRENILLO NOTES
14 Criminal law 2
Based on Reyes Vol. 2, Revised Ortega Notes, Lawphil Reviewer, San Beda Mem Aid 2016

JOFIL JAMES ABRENILLO

Licensed Customs Broker