Criminal Law Notes: Mens Rea, Actus Reus (Elements of the Crime)

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.

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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.

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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)

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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

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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

ARTICLE 126. DELAYING RELEASE

Three acts punished:

1. By delaying the performance of a judicial or executive order for the release of a prisoner;

2. By unduly delaying the service of the notice of such order to said prisoner;

3. By unduly delaying the proceedings upon any petition for the liberation of such person.

Elements:

1. That the offender is a public officer or employee;

2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person;

3. That the offender without good reason delays either:

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;

c. The proceedings upon a petition for the release of such person.

SECTION TWO: VIOLATION OF DOMICILE

ARTICLE 127. EXPULSION

Two acts punished:

1. By expelling a person from the Philippines;

2. By compelling a person to change his residence.

Elements:

1. That the offender is a public officer or employee;

2. That he expels any person from the Philippines, or compels a person to change his residence;

3. That the offender is not authorized to do so by law.

Exception: (no expulsion) in cases of ejectment, expropriation or when the penalty of destierro is imposed.

ARTICLE 128 VIOLATION OF DOMICILE

Acts Punished

1. By entering any dwelling against the will of the owner thereof;

2. By searching papers or other effects found therein without the previous consent of such owner;

3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

Common elements:

1. That the offender is public officer or employee;

2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects.

Qualifying circumstances:

1. If committed at nighttime;

2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

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

Acts Punished:

1. Procuring a search warrant without just cause

Elements:

a. That the offender is a public officer or employee;

b. That he procures a search warrant;

c. That there is no just cause.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

Elements:

a. That the offender is a public officer or employee;

b. That he has legally procured a search warrant;

c. That he exceeds his authority or uses unnecessary severity in executing the same.

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

1. That the offender is a public officer or employee;

2. That he searches the domicile, papers or other belongings of any person;

3. That he is armed with a warrant;

4. That the owner or any member of his family or two witnesses residing in the same locality are not present.

SECTION THREE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

Acts Punished:

1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;

2. Hindering any person from joining any lawful association or from attending any of its meetings;

3. 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.

Common elements:

1. That the offender is a public officer;

2. That he performs any of the acts mentioned above

ARTICLE 132. INTERRUP-TION OF RELIGIOUS WORSHIP

1. That the offender is a public officer or employee;

2. That religious ceremonies or manifestations of any religion are about to take place or are going on;

3. That the offender prevents or disturbs the same

- Qualified by violence or threats

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 133. OFFENDING RELIGIOUS FEELINGS

1. That the acts complained of were performed:

a. In a place devoted to religious worship (not necessary that there is a religious worship); or

b. During the celebration of any religious ceremony;

2. That the acts must be notoriously offensive to the feelings of the faithful.

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS/ EMPLOYEES

Acts Punished

1. Failing to resist a rebellion by all means in their power;

2. Continuing to discharge the duties of their office under the control of the rebels;

3. Accepting appointment to office under the rebels

ARTICLE 138. INCITING TO REBELLION/ INSURRECTION

1. That the offender does not take up arms or is not in open hostility against the Government;

2. That he incites others to the execution of any of the acts of rebellion;

3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations (SPWEBO) tending to the same end

ARTICLE 139. SEDITION

1. That the offenders rise:

a. Publicly; and

b. Tumultuously;

2. That they employ force, intimidation, or other means outside of legal methods;

3. That the offenders employ any of those means 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 government or any public officer 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;

e. To despoil, for any political or social end, any person or the government of all its property or any part thereof.

ARTICLE 140.

PENALTY FOR SEDITION

Persons liable:

1. The leader of the sedition;

2. Other persons participating in the sedition.

ARTICLE 141. CONSPIRACY TO COMMIT SEDITION

Only Conspiracy to commit sedition is punishable and not proposal to commit sedition.

There must be an agreement both to attain an object of sedition and to rise publicly and tumultuously.

ARTICLE 142. INCITING TO SEDITION

Acts Punished:

1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems cartoons, banners, or other representations tending to the same end;

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

3. Writing, publishing, or circulating scurrilous libels against the Government or any of its duly constituted authorities.

4. Knowingly concealing such evil practices.

Elements of act no. 1:

1. That the offender does not take direct part in the crime of sedition;

2. That he incites others to the accomplishment of any of the acts which constitute sedition;

3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end.

Acts nos. 2 & 3 punishable when:

1. They tend to disturb or obstruct any lawful officer in executing the functions of his office;

2. They tend to instigate others to cabal and meet together for unlawful purposes;

3. They suggest or incite rebellious conspiracies or riots or

4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government