CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIME COMMITTED BY
Article 114 Treason (committed in time of war) Any Filipino citizen
ACTS
Levies war against the Philippines Adheres to her enemies Giving aid or comfort within the Philippines or elsewhere - same -
PENALTY
Reclusion perpetua to death AND Fine not to exceed 100k Reclusion temporal to death AND fine not to exceed 100k Prision mayor AND fine not exceeding 10k Prision correccional AND fine not exceeding 5k
Alien residing in the Philippines
Article 115 Conspiracy and proposal to commit treason
- same -
- same -
- same -
Article 116 Misprision of treason
Every person but not a foreigner
Owing allegiance to the Government Has knowledge of any conspiracy (to commit treason) against the government Conceals or does not disclose and make known the same ASAP to the local government
Reclusion temporal (2 degrees lower than the penalty for the principal of treason)
Article 117 Espionage 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 RP or to the advantage of any foreign nation (committed in time of peace and in time of war)
Any person: Private person 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 Disclosing, to foreign representative the contents of the articles, data or information mentioned above which is in possession of the public officer by reason of his public office
Prision correccional
Public officer
Article 118 Inciting to war or giving motives for reprisals
Any public officer or employee
Private individual
Performs unlawful or unauthorized acts which provokes or gives occasion for a war involving or liable to involve the Philippines or exposes Filipino citizens to reprisals on their persons or property There is war Regulation issued by competent authority Such person violates the same
Reclusion temporal
Prision mayor
Article 119 Violation of neutrality
Any person
Prision correccional
Article 120 Correspondence with hostile country (in time of war)
Any person
Making of correspondence with an enemy country or territory occupied by enemy troops Correspondence is prohibited by the Government or carried on in ciphers or conventional signs or containing notice or information which might be useful to the enemy Owing allegiance to the Government Attempts to flee or go to an enemy country when prohibited by competent authority
Prision correccional
Reclusion temporal
Article 121 Flight to enemys country (there is a war in which the Philippines is involved) Article 122 Piracy
Any person
Arresto mayor
Any person -strangers to said vessels
Mutiny (in high seas) RA 9372 terrorism act PD 532 piracy in Philippine waters
-members of the crew or passengers
Attacking or seizing a vessel on the high seas or in Philippine waters Seizing in the vessel while on the high seas or in the Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism
Reclusion perpetua
40 years of imprisonment (no parole)
Article 123 Qualified piracy
- same -
- same -Seized a vessel by boarding or firing upon the same -Pirates abandoned their victims without means of saving themselves -crime is accompanied by murder, homicide, physical injuries, or rape (H-PI-R=other aggravating circumstances)
Reclusion perpetua to death
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE: CRIME COMMITTED BY
Article 124 Arbitrary detention Any public officer or employee
ACTS
Without legal grounds detains a person
st
PENALTY
1 hr to 3days arresto mayor max to prision correccional min >3days to not >15days prision correccional med and max >15days not >6months prision mayor >6months reclusion temporal
Article 125 Delay in the delivery of detained persons to the proper judicial authorities
Any public officer or employee
He detains person with legal grounds Fails to deliver the said person to proper judicial authorities 12 hours light penalties 18 hours correctional penalties 36 hours afflictive or capital penalties Terrorist must be delivered within 3days, if beyond must have written approval from the local government 10years and 1 day to 12 years imprisonment
Article 126 Delaying release
Any public officer or employee
Delaying the performance of a judicial or executive order for the release of a prisoner, OR Unduly delaying the service of the notice o such order to said prisoner, OR Unduly delaying the proceedings upon any petition for the liberation of such person Unauthorized by law expel any person from the Philippine islands or compel such person to change his residence Not authorized by judicial order Enter any dwelling against the will of the owner Search papers or other effects Without the consent of the owner Having surreptitiously entered said dwelling and being required to leave the premises refused to do so Prision correccional
Article 127 Expulsion
Any public officer or employee
Article 128 Violation of Domicile
Any public officer or employee
Prision correccional, min
Committed nighttime Any papers or effects not constituting evidence of a crime not returned after the search Article 129 Search warrants maliciously obtained and abuse in the service of those legally obtained Article 130 Searching domicile without witnesses Any public officer or employee Procure a search warrant without just cause OR having legally procured the same exceeding his authority or use unnecessary severity in executing the same
Prision correccional med and max
Arresto mayor max to Prision correccional min
Any public officer or employee
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 (the search here is proper)
Arresto mayor med and max
Article 131 Prohibition Interruption Dissolution of peaceful meetings
Prision correccional min Any public officer or employee Prohibiting, interrupting, hindering from holding, attending any peaceful meetings. (but not absolute may be regulated) Prevent or disturb the ceremonies or manifestations of any religion If committed with violence Prision correccional min
Article 132 Interruption of religious worship
Any public officer or employee
Prision correccional med and max Arresto mayor max to prision correccional min
Article 133 Offending the religious feelings
Any person
Perform acts notoriously offensive to the feelings of the faithful (in a place devoted to religious worship or during the celebration of any religious ceremony)
CRIMES AGAINST PUBLIC ORDER CRIME
Article 134 Rebellion or Insurrection
COMMITTED BY
Any body of land, naval or other armed forces
ACTS
Rising publicly and taking arms against the government PURPOSE: removing allegiance to said government or its laws, territory of the RP or any part thereof, Depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives Swift attack accompanied by violence, intimidation, threat, strategy or stealth directed against duly constituted authorities of the RP, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power singly or simultaneously carried out anywhere in the Philippines
PENALTY
Head promoter maintains = Reclusion perpetua Mere participant or executor of command = reclusion temporal
Article 134-A Coup detat
Any person or persons belonging to the military or police or holding any public office or employment with or without civilian support or participation for the purpose of seizing or diminishing state power
Head or director = reclusion perpetua Participant or executor = prision mayor