Title 1: Crimes Against National Security and Law of Nations

Chapter 1: Crimes Against National Security

Section 1: Treason and Espionage

TREASON (Art. 144)

3 Elements of Treason:
1. The offender (Filipino citizen or an alien residing in the Philippines) owes
Allegiance to the Government of the Philippines
2. There is a War in which the Philippines is involved
3. The offender either:
a. Levies war against the government; OR
b. Adheres to the enemies, giving them aid or comfort

MISPRISION OF TREASON (Art. 116)

3 Elements of Misprision of Treason

1. The offender is a citizen of the Philippines, and not a foreigner
2. He has knowledge of any conspiracy to commit treason against the Governments
3. He conceals or does not disclose and make known the same as soon as possible
to the proper authority

ESPIONAGE (Art. 117)

3 Elements of committing Espionage BY WAY OF ENTERING, WITHOUT AUTHORITY,

A WARSHIP, FORT OR MLITARY OR NAVAL ESTABLISHMENT OR RESERVATION
TO OBTAIN ANY INFORMATION, PLANS, PHOTOGRAPHS, OR OTHER DATA OF
CONFIDENTIAL NATURE RELATIVE TO THE DEFENSE OF THE PHILIPPINES
1. The offender enters any of the places mentioned therein:
a. Warship
b. Port, or
c. Military or naval establishment or reservation
2. He has no authority therefor; and
3. His purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines

3 Elements of committing Espionage BY WAY OF DISCLOSING TO THE

REPRESENTATIVE OF A FOREIGN NATION THE CONTENTS OF THE ARTICLES,
DATA OR INFORMATUION REFERRED TO IN THE PRECEDING PARAGRAPH,
WHICH HE HAS IN HIS POSSESSION BY THE REASON OF THE PUBLIC OFFICE HE
HOLDS
1. The offender is a public officer
2. He has in his possession the articles, data or information referred to in Par. 1 of
Art. 117, by reason of the public office he holds
3. He discloses their contents to a representative of a foreign nation

Section Two: Provoking War and Disloyalty in case of War

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 REPRISAL (Art. 118)

2 Elements of Reprisal
1. The offender performs unlawful or unauthorized acts, and
2. Such acts:
a. Provoke or give occasion for a war involving or liable to involve the
Philippines; or
b. Expose Filipino citizens to reprisals on their persons and property

VIOLATION OF NEUTRALITY (Art. 119)

3 Elements of Violation of Neutrality

1. There is a war in which the Philippines is not involved
2. There is a regulation issued by a competent authority for the purpose of
enforcing neutrality and
3. The offender violates such regulation

CORRESPONDENCE WITH HOSTILE COUNTRY (Art. 120)

3 Elements of Correspondence with Hostile Country

1. It is made in time of war in which the Philippines is involved
2. The offender makes correspondence with the:
a. Enemy country; or
b. Territory occupied by the enemy troops; and
3. The correspondence is either:
a. Prohibited by the government
b. Carries on in ciphers or conventional signs; or
c. Contains notice or information which might be useful to the enemy

FLIGHT TO ENEMY’S COUNTRY (Art. 121)

4 Elements of Flight to Enemy’s Country

1. There is a war in which the Philippines in involved
2. The offender owes allegiance to the government
3. The offender attempts to flee or go to the enemy country and
4. Going to the enemy country is prohibited by the competent authority

Section 3: Piracy in General and Mutiny in the High Seas

PIRACY (Art. 122)

3 Elements of Piracy
1. A vessel is on the high seas or on Philippine waters
2. The offenders are not members of its complement or passengers of the vessel (as
to the 2nd mode only)
3. The offenders:
a. Attack or seize the vessel; or
b. Seize the whole part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers

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 QUALIFIED PIRACY (Art. 123)

4 Qualifying Circumstances of Qualifies Piracy:

1. Whenever the offenders have seized the vessel by boarding or firing upon the
same
2. Whenever the pirates have abandoned their victims without mean of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape

Title 1: Crimes Against the Fundamental Law of the State

Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,

Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious
Worship

Section 1: Arbitrary Detention and Expulsion

ARBITRARY DETENTION (Art. 124)

3 Elements of Arbitrary Detention

1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds

DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL

AUTHORITIES (Art. 125)

3 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; and
3. That he fails to deliver such person to the proper judicial authorities within:
a. 12 hours for offenses or crimes punishable by light penalties, or their
equivalent; or
b. 18 hours, for offenses or crimes punishable by correctional penalties or
their equivalent; or
c. 36 hours for offenses or crimes punishable by afflictive penalties or
their equivalent
*this article only applies to arrests made without a warrant. If the arrest was made pursuant to a
warrant, the prisoner is already deemed in the custody, of the court and the officer has a only to
deliver him without unnecessary delay to the nearest police station (Rules of Court)

DELAYING RELEASE (Art. 126)

3 Elements of Delaying Release:

1. The offender is a public officer or employee
2. 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 a
person; and
3. The offender without good reason delays either:
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 a. The service of the notice of such order to the prisoner;
b. The performance of such judicial or executive order for the release of
the prisoner; or
c. The proceedings upon a petition for the release of such person

EXPULSION (Art. 127)

3 Elements of Expulsion:
1. The offender is a public officer or employee;
2. He expels any person from the Philippines, or compels a person to change his
residence; and
3. The offender us not authorized to do so by law

Section 2: Violation of Domicile

VIOLATION OF DOMICILE (Art. 128)

3 Elements of Violation of Domicile:

1. The offender is a public officer or employee;
2. He is not authorized by judicial order to enter the dwelling and/or to make a
search for papers or other effects; and
3. The offender shall:
a. Enter any dwelling against the will of the owner thereof;
b. Search papers or other effects found therein without the previous
consent of such owner; or
c. Refuse to leave the premises, after having surreptitiously entered the
same dwelling and having required to leave the same

SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF

THOSE LEGALLY OBTAINED (Art. 129)

Punishable Acts:
1. Procuring a search warrant without just cause or
ELEMENTS:
a. The offender is a public officer or employee;
b. He procures a search warrant; and
c. There is no just cause
2. Exceeding his authority or by using unnecessary severity in executing a search
warrant legally procured
ELEMENTS:
a. The offender is a public officer or employee;
b. He has legally procured a search warrant; and
c. He exceeds his authority or uses unnecessary severity in
executing the same

SEARCHING DOMICILE WITHOUT WITNESSES (Art. 130)

Elements:
1. The offender is a public officer or employee;
2. He is armed with a search warrant legally procured;
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 3. He searches the domicile, papers or other belongings of any person; and
4. The owner, or any member of his family

PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS (Art. 131)

Common Elements:
1. The offender is a public officer or employee; and
2. He performs any of the acts enumerated in violation of the right to association
and peaceful assembly
Punishable Acts:
1. Prohibiting, interrupting or dissolving without legal ground the holding of a
peaceful meeting
Requisites:
a. The meeting must be peaceful; and
b. There is no legal ground for prohibiting, or interrupting or dissolving
meeting
2. Hindering any person from joining any lawful association or from attending any
of its meetings; or
3. 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.