QUICKIE NOTES IN CRIMINAL LAW II ART 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Timonera, Genesy R.
Conspiracy to commit treason
1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS - Committed when in time of war, two or more persons come to an
2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE agreement to levy war against the Gov to adhere to the enemies and
3. CRIMES AGAINST PUBLIC ORDER to give them aid or comfort, and decide to commit it.
4. CRIMES AGAINST PUBLIC INTEREST
5. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS Proposal to commit treason
6. CRIMES AGAINST PUBLIC MORALS - Committed when in time of war a person who has decided to levy war
7. CRIMES COMMITTED BY PUBLIC OFFICERS against the Gov or to adhere to the enemies and to give them aid or
8. CRIMES AGAINST PERSONS comfort proposes its execution to some other person or persons.
9. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY  The two-witness rules does not apply to conspiracy or proposal to commit
10. CRIMES AGAINST PROPERTY treason.
11. CRIMES AGAINST CHASTITY
12. CRIMES AGAINST CIVIL STATUS OF PERSONS ART 116 MISPRISION OF TREASON
13. CRIMES AGAINST HONOR Elements:
14. QUASI-OFFENSES 1. Offender must be owing allegiance to the Gov and NOT A FOREIGNER
2. He has knowledge of any conspiracy against the Gov.
TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 3. He conceals or does not disclose and make known the same asap to any
official
CRIMES AGAINST NATIONAL SECURITY: *ART 20 does not apply even if the offender is related since misprision of treason is
1. Treason a principal in that crime
2. Conspiracy and proposal to commit treason
3. Misprision of treason ART 117 ESPIONAGE
4. Espionage
It is the offense of gathering, transmitting, or losing information respecting the
CRIMES AGAINST THE LAW OF NATIONS: national defense with intent or reason to believe that the information is to be used
1. Inciting to war or giving motives for reprisals to the injury of the PH or to the advantage of any foreign nation.
2. Violation of neutrality
3. Correspondence with hostile country Two ways of committing:
4. Flight to enemy’s country 1. By entering, without authority, a warship etc to obtain any information, or
5. Piracy in general and mutiny on the high seas or in Philippine waters other data of a confidential nature relative to the defense of the PH
2. By disclosing to the representative of a foreign nation the contents of the
ART. 114 TREASON articles, data, or information, which he had in his possession by reason of
It is the breach of allegiance to a government committed by a person who he public office he holds.
owes allegiance to it.
Elements: ART 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN THE
1. Offender is Filipino citizen or an alien residing in the PH PHILIPPINE WATERS
2. There is war in which PH is involved
3. The offender either— Piracy
a. Levies war against Gov It is robbery or forcible depredation on the high seas, without lawful
b. Adheres to the enemies, giving them aid or comfort authority and done with animo furandi and in the spirit and intention of universal
hostility.
 The testimony of two witnesses is required to prove the over act of giving
aid or comfort. It is not necessary to prove adherence.
Two modes of committing piracy: b. When an offense has in fact just been committed, and he has probable
1. By attacking or seizing a vessel on the high seas or in the PH waters cause to believe based on personal knowledge of facts and circumstances
2. By seizing in the vessel while on the high seas or in the PH waters the that the person to be arrested has committed it
whole or part of its cargo its equipment or personal belongings of its c. When the person to be arrested is a prisoner who has escaped from a
complement or passengers penal establishment or place where he is serving final judgment or
Elements: temporarily confined while his case is pending or has escaped while being
1. A vessel is on the high seas or in the PH waters transferred from one confinement to another.
2. Offenders are not members of its complement or passengers
3. Offenders ART 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL
i. Attack or seize the vessel AUTHORITIES
ii. Seize the whole or part of the cargo Elements:
1. Offender is public officer or employee
ART 123 QUALIFIED PIRACY 2. Has detained a person FOR SOME LEGAL PURPOSE
3. Fails to deliver such person to the proper judicial authorities
Piracy or mutiny is qualified in the following circumstances: a. 12 hrs- for crimes or offenses punishable by light penalties or
1. Whenever the offenders have seized the vessel by boarding or firing their equivalent
upon the same b. 18 hrs- for crimes or offenses punishable by correctional penalties
2. Whenever the pirate means have abandoned their victims without or their equivalent
means of saving themselves c. 36 hrs- for crimes or offenses punishable by afflictive or capital
3. Whenever the crime is accompanied by murder, homicide, physical penalties or their equivalent
injuries or rape. *Art 125 does not apply when the arrest is by virtue of a warrant of arrest

CRIMES KNOWN AS VIOLATION OF DOMICILE

TITLE TWO CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1. Arbitrary detention 1. Violation of domicile by entering a dwelling against the will of the owner
thereof or making search without previous consent of the owner (Art 128)
2. Delay in the delivery of detained persons to the proper judicial authorities
2. Search warrant maliciously obtained and abuse in the service of those
3. Delaying release
legally obtained (Art 129)
4. Expulsion
5. Violation of domicile 3. Searching domicile without witnesses (Art 130)
6. Search warrants maliciously obtained and abuse in the service of those  If the offender is a private person, the crime is illegal detention not a
legally obtained arbitrary detention.
7. Searching domicile without witnesses
8. Prohibition, interruption and dissolution of peaceful meetings ART 128 VIOLATION OF DOMICILE
9. Interruption of religious worship Acts punishable:
10. Offending the religious feelings. 1. Entering any dwelling against the will of the owner
2. Searching papers or other effects found therein without the previous
ART 124 ARBITRARY DETENTION consent of such owner
Elements: 3. Refusing to leave the premises, after having surreptitiously entered said
1. That the offender if a public office er or employee dwelling and after having been required to leave the same
2. Detains a person
3. Detentions is without legal grounds CRIMES AGAINST RELIGIOUS WORSHIP
1. Interruption of religious worship
A peace officer or a private person may, without a warrant, arrest a person: 2. Offending the religious feelings
a. When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense
Circumstances qualifying the offense: Elements:
1. If the offense is committed at nighttime 1. That there be public uprising and taking arms against the Government
2. If any papers or effects not constituting evidence of a crime are not 2. Purpose of the uprising or movement:
returned immediately after the search made by the offender. a. To remove from the allegiance to said Government or its laws :
i. The territory of the PH or any of its part
TITLE THREE CRIMES AGAINST PUBLIC ORDER ii. Any body of land, naval or other armed forces
What are the crimes against public order? b. To deprive the Chief Executive or Congress, wholly or partially, of
1. Rebellion or insurrection any of their powers or prerogatives
2. Coup d’etat
3. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection Rebellion or Insurrection, when considered as Terrorism
4. Disloyalty of public officers or employees
5. Inciting to rebellion A person who commits an act punishable as rebellion or insurrection, thereby
6. Sedition sowing and creating a condition of widespread and extraordinary fear and panic
7. Conspiracy to commit sedition among the populace, in order to coerce the government to give in to an unlawful
8. Inciting to sedition demand shall be guilty of the crime of terrorism
9. Acts tending to prevent the meeting of Congress and similar bodies
10. Disturbance of proceedings of Congress or similar bodies ART 139 SEDITION
11. Violation of parliamentary immunity
12. Illegal assemblies Sedition, is the raising of commotions or disturbances in the State. The ultimate
13. Illegal associations object of sedition is a violation of the public peace or at least such a course of
14. Direct assaults measures as evidently engenders it.
15. Indirect assaults
16. Disobedience to summons issued by Congress, its committees, etc. by the Elements:
constitutional commissions, its commissions, etc.
17. Resistance and disobedience to a person in authority or the agents of such 1. Offenders rise publicly and tumultuously
person 2. They employ force, intimidation, or other means outside of legal methods
18. Tumults and other disturbances of public order 3. Offenders employ any of those means to attain any of the following
19. Unlawful use of means of publication and unlawful utterances objects:
20. Alarms and scandals
21. Delivering prisoners from jails a. To prevent the promulgation or execution of any law or the
22. Evasion of service of sentence holding of any popular election
23. Evasion on occasion of disorders b. To prevent the National Government, or any provincial or
24. Violation of conditional pardon municipal government or any public officer therof from freely
25. Commission of another crime during service of penalty imposed for exercising its or his functions or prevent the execution of any
another previous offense. administrative order
c. To inflict any act of hate or revenge upon the person or property
REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY of any public officer or employee.
d. To commit, for any political or social end, any act of hate or
ART 134 REBELLION OR INSURRECTION revenge against private persons or any social class
Rebellion is used where the object of the movement is completely to overthrow e. To despoil, for any political or social end, any person, municipality
and supersede the existing government; or province or the Nat’l Gov of all its property or any part thereof.
Insurrection is more commonly employed in reference to a movement which seeks
merely to effect some change of minor importance or to prevent the exercise of
governmental authority with respect to particular matters or subjects.
ART 142 INCITING TO SEDITION Direct assault is qualified when:
1. When the assault is committed with a weapon
Different acts of inciting to sedition 2. When the offender is a public officer or employee
3. When the offender lays hands upon a person in authority.
1. Inciting others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations, writings or ART 149 INDIRECT ASSAULT
emblems Elements:
2. Uttering seditious words or speeches which tend to disturb the public 1. The person in authority or his agent is the victim of any of the forms of
peace indirect assault
3. Writing, publishing or circulating scurrilous libels against the Gov or 2. That a person comes to the aid of such authority or his agent
any of the duly constituted authorities which tend to disturb the public 3. That the offender makes use of force or intimidation upon such person
peace coming to the aid of the authority of his agent.
 Indirect assault can only be committed when direct assault is also
Two rules relative to seditious words: committed.
1. Clear and present danger rule
It is required that there must be reasonable ground to believe PUBLIC DISORDERS
that the danger apprehended is imminent and that the devil to be 1. Tumults and other disturbances of public order
prevented is a serious one. There must be the probability of serious injury 2. Unlawful use of means publication and unlawful utterances
to the State. 3. Alarms and scandals
2. Dangerous Tendency Rule 4. Delivering prisoners from jails.

There is inciting to sedition when the words uttered or published What are the tumults and other disturbance of public order?
could easily produce disaffection among the people and a state of 1. Causing any serous disturbance in a public place, office or establishment
feeling in them incompatible with a disposition to remain loyal to 2. Interrupting or disturbing performances, functions or gathering s or
the Gov and obedient to the laws. peaceful meetings
3. Making any outcry tending to incite rebellion or sedition in any meeting,
CRIMES AGAINST POPULAR REPRESENTATION association or public place
1. Acts tending to prevent the meeting of the Nat’l Assembly and similar 4. Displaying placards or emblems which provoke a disturbance
bodies 5. Burying with a pomp the body of a person who has been legally executed
2. Disturbance of proceedings
3. Violation on parliamentary immunity Acts punished as unlawful use of means of publication and unlawful utterances:
1. By publishing or any acts connected, as any false news which may
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY endanger the public order, or cause damage to the interest or credit of the
AND THEIR AGENTS State
2. Encouraging disobedience to the law by the same means or by words,
ART 148 DIRECT ASSAULT utterances or speeches
Two ways of committing the crime of direct assaults: 3. Maliciously publishing or any acts connected without proper authority
1. Without public uprising, by employing force or intimidation for the 4. By printing bookts etc. which do not bear the real printer’s name
attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition. Acts punished as alarms and scandals:
2. Without public uprising, by attacking, by employing force, or by seriously 1. Discharging any firearm within any town or public place calculated to
intimidating or seriously resisting any person in authority or any of his cause alarm or danger
agents, while engaged in the performance of official duties, or on the 2. Instigating or taking an active part in any disorderly meeting offensive to
occasion of such performance. another or prejudicial to public tranquility
3. Disturbing the public peace
 4. Causing any disturbance or scandal in public place while intoxicated or 5. Counterfeiting instruments not payable to bearer
otherwise 6. Falsification of legislative documents
7. Falsification by public officer, employee or notary or ecclesiastical minister
EVASION OF SERVICE OF SENTENCE 8. Falsification by private individuals
1. Evasion of service of sentence by escaping during the term of his sentence 9. Falsification of wireless, cable, telegraph and telephone messages
2. Evasion of service of sentence on the occasion of disorders 10. Falsification of medical certificates, certificates of merits or service
3. Other cases of evasion of service of sentence by violating the conditions of
conditional pardon. ART 169 HOW FORGERY IS COMMITTED
1. By giving to a treasury or bank note or any instrument payable to bearer
EVASION OF SERVICE OF SENTENCE or to order the appearance of a true and genuine document
1. Evasion of service of sentence by escaping during the term of his sentence 2. By erasing, substituting, counterfeiting or altering by any means the
2. Evasion of service of sentence on the occasion of disorders figures, letters, words, sign contained therein
3. Other cases of evasion of service of sentence by violating the conditions of
conditional pardon. ART 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESIASTICAL MINISTER
ART 157 EVASION OF SERVICE OF SENTENCE Elements:
1. Offender is a convict by final judgment 1. The offender is a public officer, employee, or notary public
2. He is serving his sentence which consists in deprivation of liberty 2. He takes advantage of his official position
3. He evades the service of his sentence by escaping during the term of his 3. Falsifies a document by committing any of the following acts:
sentence a. Counterfeiting or imitating any handwriting, signature, or rubric
Circumstances qualifying the offense: b. Causing it to appear that persons have participated in any act or
1. Means of unlawful entry proceeding when they did not in fact so participate
2. Breaking doors c. Attributing to persons who have participated in an act or proceeding
3. Using picklocks , false keys statements other those in fact made by them
4. Through connivance d. Making untruthful statements in a narration of facts
e. Altering true dates
ART 158 EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, f. Making any alteration or intercalation in a genuine document which
CONFLAGTRATION =, EARTHQUAKES OR OTHER CALAMITIES changes its meaning
Elements: g. Issuing in authenticated form a document purporting to be a copy
1. Offender is a convict by final judgment h. Intercalating any instrument or note relative to the issuance threof in a
2. There is disorder (earthquake, etc) protocol, registry or official book
3. Offender evades the service of sentence by leaving the penal institution
where he is confined OTHER FALSITIES
4. Offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive ART 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
announcing the passing away of such calamity. Two ways:
1. By knowingly and falsely representing oneself to be an officer
CRIMES AGAINST PUBLIC INTEREST 2. By performing any act pertaining to any person in authority
RA NO. 10
FORGING THE SEAL Sec 1. Any person who with or without pretense of official position, shall perform
1. Forging the seal of the Government, signature or stamp of the Chief any act pertaining to the Gov, or to any person in authority or public officer, ,
Executive without being lawfully entitled to do so, shall be punished with imprisonment for
2. Counterfeiting coins not less than two years, no more than ten years.
3. Mutilation of coins
4. Forging treasury or bank notes or other documents payable to bearer
ART 178 USING FICTITIOUS NAME AND CONCELAING TRUE NAME dangerous drugs on their physical and mental well-being and to defend the same
Purpose: against the acts or omissions detrimental to their development and preservation.
1. To conceal a crime Take note mumsht:
2. To evade execution 1. Unlawful acts Sec 4-5
3. To cause damage to public interest 2. Quantity is not important. The basis is quality .

USE OF UNREGISTERED ALIAS Note: Sections 29, 36, 55, 67, Powers of PDEA, 90, 92

Commonwealth Act No. 142 TITLE SIX CRIMES AGAINST PUBLIC MORALS
SEC 1. Except as pseudonym solely for literary, cinema, television, radio or other
entertainment purposes and in athletic events where the use of pseudonym is a 1. Gambling
normally accepted practice, no person shall use any name different from the one 2. Imporation, sale and possession of lottery tickets or advertisements
with which he was registered at birth 3. Betting in sport contests
4. Illegal betting on horse races
ART 180 FALSE TESTIMONIES AGAINST A DEFENDANT (1-4, amended by PD 1602)
False testimony vs perjury 5. Illegal cockfighting
Perjury is knowingly making untruthful statements not being included in Art 180- 6. Grave scandal
182 on false testimony, shall testify under oath, or make an affidavit, upon any 7. Immoral doctrines, obscene publication and exhibition
material matter before a competent person authorized to administer an oath in 8. Vagrancy and prostitution
cases in which the law so requires.
 If the testimony is not under oath, the crime is falsification under 171. If Gambling
the the signature is forged but the statements under oath are true. There Gambling is any game or scheme, whether upon chance or skill wherein
is still no perjury but there is falsification. The elements to make the wagers consisting of money, articles or value or representative of value are at stake
statement perjury and not falsification are that it must be under oath and or make
there is falsity in the statements made Purpose of law in punishing gambling:
Effectuate early evil. To repress an evil that undermines the social, moral and
Subordination of perjury economic growth of the nation/
Committed by a person who knowingly and willfully procures another to Take note: Sec 1 (acts)
testify under wear falsely and the witness suborned does testify under
circumstances rendering him guilty of perjury. ARTCILE 200-202 AMENDED BY RA 9208
 Offenses against decency are those which are offensive to moral, ex. Grave
ARTICLE 185-189 AMENDED BY RA 8293 OF IP LAW scandal. Grave scandal is any highly scandalous act offensive to morals and
Elements of trademark infringement: good customs and committed publicly or within the knowledge and view of
1. Validity of plaintiff’s mark the public.
2. Plaintiff’s ownership of the mark  Vagrants are those who loiter around public or private places without any
3. Use of the mark or its colorable imitation by the alleged infringer results in visible means of support but who are physically able to work and do not
“likelihood of confusion” apply themselves to some lawful calling.
Elements of unfair competition:  Loitering around constitutes vagrancy unless such act is punishable under
1. Confusing similarity in the generak appearance of the goods other provisions of this Code.
2. Intent to deceive the public and defraud a competitor

TITLE FIVE CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Declaration of Policy
It is the policy of the State to safeguard the integrity of its territory and
well-being of its citizentry particularly the youth from the harmful effects of