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Crim 2 Flashcards

1
Q

ARTICLE 114 - TREASON

A

MODE 1: Levying War
Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is involved
(3) The offender levies war against the government

MODE 2: Adherence to the Enemy and Giving of Aid
or Comfort
Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is involved
(3) That the offender adheres to the enemies, givingvthem aid or comfort

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2
Q

Two Ways of Proving Treason

A

(1)Testimony of at least two witnesses to the same
overt act; or

(2)Confession of accused in open court.[Article 114,
par.2, RPC]

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3
Q

Aggravating Circumstances in Treason

A

Cruelty and ignominy are aggravating circumstances
in treason.

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4
Q

Defense of Suspended Allegiance and change of sovereignty are not accepted because:

A

(1)A citizen owes an absolute and permanent allegiance to his Government;
(2)The sovereignty of the Government is not transferred to the enemy by mere occupation;
(3)The subsistence of the sovereignty of the legitimate Government in a territory occupied by the military forces of the enemy during the war is one of the rules of International Law; and
(4)What is suspended is the exercise of the rights of sovereignty

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5
Q

ARTICLE 115 - CONSPIRACY TO COMMIT TREASON

A

CONSPIRACY TO COMMIT TREASON
Elements:
(1) There is a war in which the Philippines is involved
(2) At least two persons come to an agreement to –
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or comfort
(3) That person proposes its execution to other persons
(4) They decide to commit it

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6
Q

ARTICLE 115 - PROPOSAL TO COMMIT TREASON

A

PROPOSAL TO COMMIT TREASON
Elements:
(1) There is a war in which the Philippines is
involved
(2) At least one person decides to –
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or
comfort
(3) Proposes its execution to another

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7
Q

ARTICLE 116 - MISPRISION OF TREASON

A

Elements:
(1) Offender owes allegiance to the government,
and is not a foreigner
(2) He has knowledge of conspiracy to commit treason against the government
(3) He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which
he resides

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8
Q

ARTICLE 117 – ESPIONAGE

A

MODE 1: Entering of establishment to obtain
confidential information regarding defense of the
Philippines

Elements:
(1) That the offender enters a warship, fort, or naval
or military establishment or reservation;
(2) That he has no authority therefor;
(3) That his purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines.

MODE 2: Disclosing by public officer of confidential
information to a foreign representative

Elements:
(1) That the offender is a public officer;
(2) That he has in his possession the articles, data
or information of a confidential nature relative to
the defense of the Philippines, by reason of the
public office he holds;
(3) That he discloses their contents to a representative
of a foreign nation.

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9
Q

Espionage v. Treason

A

E: Not conditioned by the
citizenship of the offender
T: Not conditioned by the
citizenship of the offender

E: May be committed both in
time of war and in time of
peace
T: Committed only in time of
war

E: May be committed in
many ways
T: Limited only to two ways
of committing the crime:
levying of war and
adhering to the enemy
giving him aid or comfort

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10
Q

ARTICLE 118 - INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS

A

Elements:
(1) Offender performs unlawful or unauthorized
acts
(2) 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

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11
Q

ARTICLE 119 - VIOLATION OF NEUTRALITY

A

Elements:
(1) There is a war in which the Philippines is not
involved
(2) There is a regulation issued by a competent
authority to enforce neutrality
(3) Offender violates the regulation

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12
Q

ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY

A

Elements:
(1) It is in time of war in which the Philippines is involved
(2) Offender makes correspondence with an enemy country or territory occupied by enemy troops
(3) The correspondence is either –
(a) Prohibited by the government, or
(b) Carried on in ciphers or conventional signs, or
(c) Containing notice or information which might be useful to the enemy.

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13
Q

ARTICLE 121 - FLIGHT TO ENEMY’S COUNTRY

A

Elements:
(1) There is a war in which the Philippines is involved
(2) Offender must be owing allegiance to the government
(3) Offender attempts to flee or flees to enemy country
(4) Going to the enemy country is prohibited by competent authority

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14
Q

ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

A

Elements:
(1) The vessel is on the high seas or Philippine waters
(2) Offenders are neither members of its complement nor passengers of the vessel
(3) Offenders either –
(a) Attack or seize that vessel; or
(b) Seize the whole or part of its cargo, its equipment or personal belongings of its complement or passengers
(4) There is intent to gain

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15
Q

Piracy v. Mutiny

A

P: Persons who attack the vessel or seize its cargo are strangers to said vessels

M: Persons who attack the vessel or seize its cargo are members of the crew or passengers.

P: Intent to Gain is essential
M: Intent to gain is not essential. The offenders may only intend to ignore the ship’s officers or they may be prompted by a desire to commit plunder

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16
Q

Qualified Piracy

A

The preceding were committed under any of the
following circumstances:
(a) Whenever they have seized a vessel by
boarding or firing upon the same;
(b) Whenever the pirates have abandoned their
victims without means of saving
themselves; or
(c) Whenever the crime is accompanied by
murder, homicide, physical injuries or rape

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17
Q

ARTICLE 124 - ARBITRARY DETENTION WITHOUT LEGAL GROUNDS

A

Elements:
(1) That the offender is a public officer or employee
(2) That he detains a person
(3) That the detention is without a legal ground.

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18
Q

WHEN IS IT LEGAL TO DETAIN A PERSON?

A

(1)when he has committed any crime or,
(2) when he is suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.

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19
Q

ARTICLE 125 - DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES

A

Elements:
(1) Offender is a public officer or employee
(2) He detains a person for some legal ground
(3) He fails to deliver such person to the proper
judicial authorities within –
(a) 12 hours for light penalties
(b) 18 hours for correctional penalties
(c) 36 hours for afflictive or capital penalties

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20
Q

ARTICLE 126 - DELAYING RELEASE

A

Elements:
(1) Offender is a public officer or employee
(2) There is a:
(a) Judicial or executive order for the release of a
prisoner or detention prisoner, OR
(b) A proceeding upon a petition for the
liberation of such person
(3) Offender without good reason delays –
(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

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21
Q

ARTICLE 127 – EXPULSION

A

Elements:
(1) Offender is a public officer or employee
(2) He either –
(a) Expels any person from the Philippines; OR
(b) Compels a person to change residence
(c) Offender is not authorized to do so by law.

22
Q

ARTICLE 128 - VIOLATION OF DOMICILE

A

Elements COMMON to the three acts:
(1) Offender is a public officer or employee
(2) He is not authorized by judicial order –
(a) To enter the dwelling;
(b) To make a search therein for papers or other
effects; or
(c) He refuses to leave, after having
surreptitiously entered such dwelling and
been required to leave the same

23
Q

ARTICLE 129 - SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED

A

Elements of procuring a search warrant without just
cause:
(1) Offender is a public officer or employee
(2) He procures a search warrant
(3) There is no just cause

Elements of exceeding authority or using unnecessary
severity in executing a search warrant legally
procured:
(1) Offender is a public officer or employee
(2) He has legally procured a search warrant
(3) He exceeds his authority or uses unnecessary
severity in executing the same

24
Q

ARTICLE 130 - SEARCHING DOMICILE WITHOUT
WITNESSES

A

Elements:
(1) Offender is a public officer or employee
(2) He is armed with search warrant legally
procured
(3) He searches the domicile, papers or other belongings of any person
(4) The owner, or any members of his family, or two witnesses residing in the same locality are not present.

25
Q

ARTICLE 131 - PROHIBITION, INTERRUPTION
AND DISSOLUTION OF PEACEFUL MEETINGS

A

Elements:
(1) Offender is a public officer or employee
(2) He performs any of the following acts:
(a) Prohibiting or interrupting, without legal
ground, the holding of a peaceful meeting,
or by dissolving the same
(b) Hindering any person from joining any
lawful association, or from attending any of
its meetings
(c) 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

26
Q

ARTICLE 134 - REBELLION /INSURRECTION

A

Elements:
(1) There is a public uprising and taking arms against the government;
(2) The purpose of the uprising or movement is:
(a) To remove from the allegiance to the government or its laws the Philippine territory or any part thereof, or any body of land, naval, or other armed forces; or
(b) To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

27
Q

ARTICLE 134-A - COUP D’ ÉTAT

A

Elements:
(1) Offender is a person or persons belonging to the military or police or holding any public office or employment;
(2) It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy or stealth;
(3) The attack is directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation,
communication networks, public utilities or other facilities needed for the exercise and
continued possession of power;
(4) The purpose of the attack is to seize or diminish state power.

28
Q

Persons liable for rebellion, insurrection or coup d’etat

A

(1) The leaders:
(a) Any person who promotes, maintains or
heads a rebellion or insurrection; or
(b) Any person who leads, directs or commands others to undertake a coup d’etat;

(2) The participants:
(a) Any person who participates or executes the commands of others in rebellion or
insurrection;
(b) Any person in the government service who participates or executes directions or
commands of others in undertaking a coup d’etat;
(c) Any person not in the government service who participates, supports, finances, abets
or aids in undertaking a coup d’etat.
(d) If under the command of unknown leaders, any person who directed the others, spoke for them, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader

29
Q

ARTICLE 138 -INCITING TO REBELLION OR INSURRECTION

A

Elements:
(1) Offender does not take arms or is not in open
hostility against the government;
(2) He incites others to the execution of any of the
acts of rebellion;
(3) The inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end

30
Q

Inciting to Rebellion vs. Proposal to Commit Rebellion

A

BOTH: The offender induces another to commit rebellion. Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. Otherwise, they become principals by inducement in the crime of rebellion.

PCR: The person who proposes has decided to commit rebellion.

ITR: There is no need that the offender has decided to commit rebellion

PCR: The person who proposes the execution of the crime uses secret means.
ITR: The act of inciting is done publicly

31
Q

ARTICLE 139 - SEDITION

A

1) Offenders rise publicly and tumultuously;
(2) Offenders employ force, intimidation, or other means outside of legal methods;
(3) Purpose is to attain any of the following objects:
(a) To prevent the promulgation or execution of
any law or the holding of any popular
election;
(b) To prevent the national government or any provincial or municipal government or any public officer from exercising its or his functions, or prevent the execution of an
administrative order;
(c) To inflict any act of hate or revenge uponthe person or property of any public officer or employee;
(d) To commit, for any political or social end, any act of hate or revenge against private persons or any social classes;
(e) To despoil for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof.

32
Q

Sedition vs. Rebellion

A

S&R: There must be a public uprising.

S: It is sufficient that the public uprising is tumultuous.
R: There must be taking up of arms against the government.

S:The purpose of the offenders may be political or social
R: The purpose of the offenders is always political.

33
Q

Sedition vs. Coup d’etat

A

S: There is no distinction as to who may commit; a private individual may commit the offense

C:Offender belongs to the military or police or holding any public office or employment

S: Primary purpose is to disturb public peace
C: To seize or to diminish state power

34
Q

Sedition vs. Treason

A

S: It is the raising of commotions or disturbances in the State.
T: It is the violation by a subject of his allegiance to his sovereign.

35
Q

ARTICLE 141- CONSPIRACY TO COMMIT SEDITION

A

Elements:
(1) Two or more persons come to an agreement and
a decision to rise publicly and tumultuously to
attain any of the objects of sedition;
(2) They decide to commit it.

NOTE: There is no proposal to commit sedition.

36
Q

ARTICLE 142 – INCITING TO SEDITION

A

Mode 1. Inciting others to the accomplishment of any
of the acts which constitute sedition by means
of speeches, proclamations, writings,
emblems, etc.

Elements:
(1) Offender does not take direct part in the crime of
sedition;
(2) He incites others to the accomplishment of any
of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems,
cartoons, banners, or other representations
tending towards the same end.

Mode 2. Uttering seditious words or speeches which
tend to disturb the public peace;

Mode 3. Writing, publishing, or circulating scurrilous
libels against the government or any of the
duly constituted authorities thereof, which
tend to disturb the public peace.

Elements:
(1) Offender does not take part in the crime of
sedition.
(2) He uttered words or speeches and writing,
publishing or circulating scurrilous libels and
that
(a) Tend to disturb or obstruct any lawful
officer in conducting the functions of his
office;
(b) Tend to instigate others to cabal and meet
together for unlawful purposes;
(c) Suggest or incite rebellious conspiracies or
riots; OR
(d) Lead or tend to stir up the people against
the lawful authorities or to disturb the
peace of the community, the safety and
order of the government.

37
Q

ARTICLE 143 - ACTS TENDING TO PREVENT THE MEETING
OF THE CONGRESS OF THE PHILIPPINES AND SIMILAR
BODIES

A

Elements:
(1) There is a projected or actual meeting of
Congress or any of its committees or
subcommittees, constitutional committees or
divisions thereof, or of any provincial board or
city or municipal council or board;
(2) Offender, who may be any person, prevents such
meetings by force or fraud.

38
Q

ARTICLE 144 - DISTURBANCE OF PROCEEDINGS

A

Elements:
(1) There is a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof,
or of any provincial board or city or municipal
council or board;
(2) Offender does any of the following acts:
(a) He disturbs any of such meetings;
(b) He behaves while in the presence of any
such bodies in such a manner as to interrupt
its proceedings or to impair the respect due
it.

39
Q

ARTICLE 146 -ILLEGAL ASSEMBLIES

A

Mode 1: Any meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Code;

Elements:
(1) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
(2) The meeting is attended by armed persons;
(3) The purpose of the meeting is to commit any of
the crimes punishable under the Code.
Mode 2: Any meeting in which the audience, whether
armed or not, is incited to the commission
of the crime of treason, rebellion or
insurrection, sedition, or assault upon
person in authority or his agents.

Elements:
(1) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
(2) The audience, whether armed or not, is incited to
the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.

40
Q

Illegal Assemblies - Presumption if person is armed

A

(1) The purpose of the meeting insofar as he is
concerned is to commit acts punishable under
the RPC
(2) He is considered a leader or organizer of the
meeting.

41
Q

ARTICLE 148 - DIRECT ASSAULT

A

Mode 1. Without public uprising, by employing
force or intimidation for the attainment of
any of the purposes enumerated in
defining the crimes of rebellion and
sedition;

Elements:
(1) Offender employs force or intimidation;
(2) The aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition;
(3) There is no public uprising.
Mode 2. Without public uprising, by attacking, by
employing force or by seriously
intimidating or by seriously resisting any
person in authority or any of his agents,
while engaged in the performance of
official duties, or on occasion of such
performance.

Elements:
(1) Offender makes an attack, employs force, makes
a serious intimidation, or makes a serious
resistance;
(2) The person assaulted is a person in authority or
his agent;
(3) At the time of the assault, the person in
authority or his agent is engaged in the actual
performance of official duties, OR that he is
assaulted by reason of the past performance of
official duties;
(4) Offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of
his duties.
(5) There is no public uprising.

42
Q

When is Direct Assault Qualified

A

Assault is qualified when:
(1) There is a weapon employed in the attack
(2) The offender is a public officer
(3) The offender lays hands on a public authority

43
Q

ARTICLE 149 -INDIRECT ASSAULT

A

Elements:
(1) A person in authority or his agent is the victim of
any of the forms of direct assault defined in
Article 148;
(2) A person comes to the aid of such authority or
his agent;
(3) Offender makes use of force or intimidation
upon such person coming to the aid of the
authority or his agent.

44
Q

ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS

A

Mode 1: Resistance and serious disobedience

Elements:
(1) A person in authority or his agent is engaged in
the performance of official duty or gives a lawful order to the offender;
(2) Offender resists or seriously disobeys such person in authority or his agent;
(3) The act of the offender is not included in the provision of Articles 148, 149 and 150.
Mode 2: Simple disobedience

45
Q

Art 151 Simple Disobedience

A

Elements:
(1) An agent of a person in authority is engaged in
the performance of official duty or gives a lawful
order to the offender;
(2) Offender disobeys such agent of a person in authority;
(3) Such disobedience is not of a serious nature

46
Q

Serious Disobedience vs. Direct Assault

A

SD: Person in authority or his agent must be in actual performance of his duties

DA: The person in authority or his agent must be engaged in the performance of official duties or that he is assaulted

SD: Committed only by resisting or seriously disobeying a person in authority or his agent

DA: Committed in four ways (see Art. 148, Mode 2 above)

47
Q

ARTICLE 155 - ALARMS AND SCANDALS

A

Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger;

Mode 2: Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

Mode 3: Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;

Mode 4: Causing any disturbances or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

48
Q

ARTICLE 156 - DELIVERING PRISONERS FROM JAIL

A

Elements:
(1) There is a person confined in a jail or penal establishment;
(2) Offender removes therefrom such person, or helps the escape of such person.

49
Q

ARTICLE 157 - EVASION OF SERVICE OF SENTENCE

A

Elements:
(1) Offender is a convict by final judgment;
(2) He is serving sentence which consists in the deprivation of liberty;
(3) He evades service of his sentence by escaping during the term of his imprisonment

50
Q

ARTICLE 160 - QUASI RECIDIVISM

A

Elements:
(1) Offender was already convicted by final
judgment of one offense;
(2) He committed a new felony before beginning to
serve such sentence or while serving the same

51
Q

ARTICLE 200 - GRAVE SCANDAL

A

Elements:
(1) Offender performs an act or acts;
(2) Such act or acts be highly scandalous as
offending against decency or good customs;
(3) The highly scandalous conduct is not expressly
falling within any other article of this Code; and
(4) The act or acts complained of be committed in a
public place or within the public knowledge or
view. (Reyes).

52
Q

ARTICLE 149 -INDIRECT ASSAULT

A

Elements:
(1) A person in authority or his agent is the victim of
any of the forms of direct assault defined in
Article 148;
(2) A person comes to the aid of such authority or
his agent;
(3) Offender makes use of force or intimidation
upon such person coming to the aid of the
authority or his agent.

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