CRIMINAL LAW BOOK II Flashcards
Crimes against National Security
What are the elements of Treason?
- Offender is a Filipino citizen or an Alien residing in the Philippines
- There is a War in which the Philippines is involved;
- The offender either:
a. Levies War against the Government (Philippines) – assembling of men + execute criminal design
b. Adheres to the Enemies, giving them aid or comfort within the Philippines or elsewhere (intent to betray). – strengthen the enemy and weaken traitor’s country
How to prove treason?
- Two–witness rule:
a. 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. However, the two - witness rule does not apply to the crime of conspiracy and proposal to commit treason because this is a separate and distinct offense from that of treason - Confession of guilt by the accused in open court.
What is conspiracy to commit treason?
Is committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it.
Proposal to Commit Treason
committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort proposes its execution to some other person or persons. (Arts. 8 and 114)
What is piracy?
It is the crime committed by any person who, on the high seas or in Philippine waters, shall attack or seize a vessel or, not being a Member of its complement nor a passenger, shall seize the whole or part of the cargo of the said vessel, its equipment, or personal belongings of its complement or passengers.
What is the high seas?
The body of water outside of the territorial waters of the Philippines, even if such is within the territorial waters of another country
When is there qualified piracy?
i. When piracy is attended by:
- Seizing by firing upon or boarding a vessel;
- Abandoning the victims without means of saving themselves;
- Rape, murder, homicide, physical injuries or other crimes as a result or on the occasion of piracy
B. Crimes against the Fundamental Law of the State
What is Arbitrary Detention?
Crime committed by any public officer or employee who, without legal grounds, detains a person
What is Interruption of religious worship?
Crime committed by any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion
What is the crime of Offending the religious feelings?
Crime committed by 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.
What is the crime of Offending the religious feelings?
Crimes against Public Order
What is rebellion?
The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives
What is coup d’etat?
The crime of coup d’etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power.
What is sedition?
- The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, 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 thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
c. To inflict any act of hate or revenge upon the 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 class; and
e. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.
What is Direct Assault?
Committed by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.
Who are persons in authority?
directly vested; division superintendent of school; Teachers, professors, and supervisors of schools, colleges and universities; Punong Barangay, members of the Sangguniang Barangay, and Lupong Tagapamayapa
Who are agents of a person in authority?
Persons who are charged with the maintenance of public order and the protection and security of life and property by direct provision of law, election, or appointment by competent authority shall be deemed agents of person in authority
What is Resistance and disobedience to a person in authority or the agents of such person?
Any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.
What is Evasion of Service of Sentence?
Committed by any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment
What is delivery of prisoners from jails?
Committed by any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery.
Crimes against Public Interest
- Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive.
- Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.
- Article 162. Using forged signature or counterfeit seal or stamp.
- Making and importing and uttering false coins
- Mutilation of coins; Importation and utterance of mutilated coins
- Selling of false or mutilated coin, without connivance
- Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities
- Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents.
- Counterfeiting, importing and uttering instruments not payable to bearer
- Illegal possession and use of false treasury or bank notes and other instruments of credit
- Falsification of legislative documents
- Falsification by public officer, employee or notary or ecclesiastic minister
What is falsification by public officer, employee or notary or ecclesiastic minister?
Committed by any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:
- Counterfeiting or imitating any handwriting, signature or rubric;
- Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
- Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
- Making untruthful statements in a narration of facts;
- Altering true dates;
- Making any alteration or intercalation in a genuine document which changes its meaning;
- Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original; or
- Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
What is falsification by private individual?
Committed by:
- Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and
- Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article.
What is use of falsified documents?
Committed by any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.
Crimes against public morals
What is grave scandal?
Committed by any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code
What constitutes Immoral Doctrines, Obscene Publications and Exhibitions?
- Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
- The authors of obscene literature, published with their knowledge in any form, and the editors publishing such literature;
- Those who in theaters, fairs, cinematographs or any other place open to public view, shall exhibit indecent or immoral plays, scenes, acts or shows; and
- Those who shall sell, give away or exhibit prints, engravings, sculptures or literature which are offensive to morals.
Crimes committed by Public Officers
What is Direct Bribery?
Crime committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.
What is qualified bribery?
Public officer who is entrusted with law enforcement and who, in consideration of any offer, promise, gift of offer, refrains from
arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/ or death.
What is indirect bribery?
Committed by any public officer who shall accept gifts offered to him by reason of his office
What is corruption of Public Officials?
Crime committed by person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles