Criminal Law Notes: Mens Rea, Actus Reus (Elements of the Crime)
Updated: Feb 18, 2021
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE: CRIMES AGAINST NATIONAL SECURITY
SECTION ONE: CONSPIRACY AND TREASON
ART. 114 TREASON
1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or Resident alien)
2. There is a war in which the Philippines is involved
3. The offender either (modes of committing):
a. Levies war against the government
b. Adheres to the enemies, giving them aid or comfort.
ART 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON
1. Conspiracy to commit treason – 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 (Arts. 8 and 114)
2. Proposal to commit treason – committed when in time of war a person 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)
ART 116. MISPRISION OF TREASON
1. That the offender is a citizen of the Philippines;
2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority
ART 117. ESPIONAGE
1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.
SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
1. That the offender performs unlawful or unauthorized acts;
2. That such acts provoke or give occasion for:
a. A war involving or liable to involve the Philippines; or
b. Expose Filipino citizens to reprisals on their persons and property.
ART. 119 VIOLATION OF NEUTRALITY
1. That there is a war in which the Philippines is not involved;
2. A regulation issued by a competent authority for the purpose of enforcing neutrality;
3. That the offender violates such regulation.
ART 120. CORRESPONDENCE WITH HOSTILE COUNTRY
1. That it is made in time of war in which the Philippines is involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. If notice or information be given enemy.
The following must concur to qualify the offense:
1. That the notice or information might be useful to the enemy;
2. That the offender intended to aid the enemy.
ART 121. FLIGHT TO ENEMY’S COUNTRY
1. That there is a war in which the Philippines is involved;
2. Offender owes allegiance to the Government;
3. Offender attempts to flee or go to the enemy country;
4. That going to the enemy country is prohibited by the competent authority.
SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS
ARTICLE 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers.
Elements of piracy:
1. That a vessel is on the high seas or on Philippine waters;
2. That the offenders are NOT members of its complement or passengers of the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.
Piracy under PD 532: Punishes piracy committed in Philippine waters only.
Offenders: any person (passenger, crew or stranger)
ARTICLE 134. REBELLION/ INSURRECTION
1. That there be:
a. Public uprising; and
b. Taking up of arms against the government.
2. For the purpose of:
a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
ii. Any body of land, naval or other armed forces; or
b. Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.
ARTICLE 134-A. COUP D’ETAT
1. That the offender is a person or persons belonging to military or police or holding any public office or employment;
2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power;
4. That the purpose of the attack is to seize or diminish state power.
ARTICLE 135. PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT
Persons liable for rebellion, insurrection and/or coup d’etat:
The leaders – Any person who
a. Promotes;
b. Maintains; or
c. Heads a rebellion or insurrection; or
Any person who –
a. Leads;
b. Directs; or
c. Commands others to undertake a Coup D’etat;
The participants – Any person who
1. Participates; or
2. Executes the commands of others in rebellion, or insurrection;
Any person in the government service who
1. Participates; or
2. Executes directions or commands of others in undertaking a coup d’etat;
Any person not in the government service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a coup d’etat
ARTICLE 136. CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION OR COUP D’ ETAT
1. Conspiracy to commit rebellion – when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it
2. Proposal to commit rebellion – when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons
TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAINST RELIGIOUS WORSHIP
SECTION ONE: ARBITRARY DETENTION AND EXPULSION
ARTICLE 124. ARBITRARY DETENTION
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal ground.
Legal grounds for the detention of persons:
1. The commission of a crime; or
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
Note on R.A. 6235:
Aggravating circumstances to nos. 1 and 2
1. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft;
2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft;
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;
ARTICLE 125. 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
3. That he fails to deliver such person to the proper judicial authorities within:
12 hrs. for light penalties or their equivalent.
18 hrs. for correctional penalties or their equivalent.
36 hrs. for afflictive penalties or their equivalent