Codal provisions

Question 1

Art. 114.

Answer 1

Treason. — Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P4,000,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed 4,000,000.00 pesos.

Question 2

Art. 132.

Answer 2

Interruption of religious worship. — The penalty
of prision correccional in its minimum period shall be imposed upon any 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.

Question 3

Art. 131.

Answer 3

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.

Question 4

Art. 130.

Answer 4

Searching domicile without witnesses. — The penalty of arresto mayor in its medium and maximum periods9 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.

Question 5

Art. 129.

Answer 5

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 period8 and a fine not exceeding 1,000 pesos 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.

Question 6

Art. 128.

Answer 6

Violation of domicile. — The penalty of prision correccional in its minimum period6 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.7

Question 7

Art. 127.

Answer 7

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.

Question 8

Art. 126.

Answer 8

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.

Question 9

Art. 125.

Answer 9

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 I or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, ifor 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. (As amended by Exec. Order No. 272)

Question 10

Art. 115.

Answer 10

Conspiracy and proposal to commit treason — Penalty. — The conspiracy and proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding 2M pesos, and by prision correccional and a fine not exceeding 1M pesos.

Question 11

Art. 116.

Answer 11

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

Question 12

Art. 117.

Answer 12

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, 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 degree1 1 shall be imposed if
the offender be a public officer or employee.

Question 13

Art. 118.

Answer 13

Inciting to war or giving motives for reprisals. —
The penalty of reclusion temporal1 shall be imposed upon any
public officer or employee, and that of prision mayor13 upon
any private individual, who, by unlawful or 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.

Question 14

Art. 119.

Answer 14

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 any regulation issued by competent authority for the purpose of enforcing neutrality.

Question 15

Art. 120.

Answer 15

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

Question 16

Art. 121.

Answer 16

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.

Question 17

Art. 122.

Answer 17

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 any 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 i ts complement or passengers.
The same penalty shall be inflicted in case of mutiny on
the high seas or in Philippine waters. (As amended by Sec. 3,
Rep. Act No. 7659)

Question 18

Art. 123.

Answer 18

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. (As amended by RA.. No.
7659)

Question 19

Art. 124.

Answer 19

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,1 if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods,2 if the detention has continued more
than three but not more than fifteen days;
3. The penalty of prision mayor,3 if the detention has continued for more than fifteen days but not more than six
months; and
4. That of reclusion temporal,4 if the detention shall have exceeded six months.

Question 20

Art. 133.

Answer 20

Offending the religious feelings. - T h e 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.