Crime Elements

1. The offender is a Filipino citizen, or an alien residing in the Philippines

2. There is a war in which the Philippines is involved
Treason 3. Either levies war against the government or adheres to the enemies,
giving them aid or comfort

Conspiracy to commit treason (Elements):

1. In time of war,
2. 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
Conspiracy and 3. decide to commit it
proposal to
commit treason Proposal to commit treason (Elements):
1. When in time of war,
2. a person who has decided to levy war against the government or to
adhere to the enemies and give them aid or comfort,
3. proposes its execution to some other person or persons.

Elements:
1. Must be owing allegiance to the gov’t and not a foreigner
2. He has knowledge of any conspiracy to commit treason against the
government
Misprision of 3. He conceals or does not disclose and make known the same as soon as
treason possible to the:
 governor or fiscal of the province where he
resides
 or the mayor or fiscal of the city where he resides

1. By entering, without authority therefor, 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 Philippines

ELEMENTS:
 Offender enters any of the places mentioned therein
 Offender may be any person, whether a citizen or
foreigner, private or public officer
 He has no authority therefor
 His purpose is to obtain any information, plans, photographs, or other
data of a confidential nature relative to the defense of the Philippines
 If the accused has no such intention or purpose, even if
Espionage he takes possession of plans or photographs, he is not
liable
 Not necessary that he obtained any information, plans,
etc.
 Sufficient that he has the purpose to obtain any of them
when he entered a warship, fort, or naval, or military
establishment (so, doesn’t matter if he succeeded or not)

Aggravating circumstance: When the offender is a public officer or employee, the

penalty next higher in degree shall be imposed
 This will only apply to par. 1,
 In par. 2 of committing Espionage, the offender MUST
be a public officer (element of par. 2)
 1. By disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in par. 1, which he had in his
possession because of his public office

ELEMENTS
 Offender is a public officer
 He has in his possession the articles, data or information referred to in
paragraph 1, by reason of his public office
 He discloses their contents to a foreign nation representative

Elements:
Inciting to war
1. Offender performs unlawful or unauthorized acts
or giving
2. Such acts provoke or give occasion for a war involving or liable to involve
motives for
the Philippines or expose Filipino citizens to reprisals on their persons or
reprisal
property

Elements:
1. There is a war in which the Philippines is NOT involved
Violation of 2. There is a regulation issued by competent authority for the purpose of
Neutrality enforcing neutrality
3. The offender violates such regulation

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
Correspondence 3. Correspondence is either:
with hostile  prohibited by the government (prision correccional), or
country  carried on in ciphers or conventional signs (prision
mayor), or
 containing notice or information which might be useful
to the enemy (reclusion temporal)

Elements:
1. There is a war in which the Philippines is involved
Flight to 2. The offender must be owing allegiance to the government
enemy’s country 3. Offender attempts to flee or go to enemy country
4. Going to enemy country is prohibited by competent authority

Two ways 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 high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers
Piracy in Elements:
General and 1. Vessel is on high seas or Philippine waters
Mutiny in high
 High seas mean parts of the seas that are not included in the exclusive
seas or in Ph
economic zone, in the territorial seas, or in the internal waters of a
waters
state, or in the archipelagic waters of an archipelagic state.
 High seas do not mean beyond the three-mile limit of any state. It
means any water on the sea coast which are without the boundaries of
low-water mark (even if within jurisdiction of a foreign nation)

2. Offenders are not members of its complement or passengers of the vessel

 3. Offender does any of the teo ways of committing piracy

Those who commit any of the crimes in the preceding article (Piracy or Mutiny)
under any of the following circumstances
1. Whenever the offenders have seized a vessel by boarding or firing upon
the same
2. Whenever the pirates have abandoned their victims without means of
Qualified piracy saving themselves
 Since this specifically mentions “pirates”, mutineers are excluded under
this paragraph.

3. Whenever the crimes is accompanied by murder, homicide, physical

injuries or rape

TITLE TWO – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. The offender is a public officer or employee

Arbitrary
2. He detains a person
Detention
3. The detention is without legal grounds

Delay in the 1. The offender is a public officer or employee

Delivery of the 2. He has detained a person for some legal ground
detained 3. He fails to deliver such person to the proper judicial authorities within:
persons to  12 hours – if punishable by light penalties
proper judicial  18 hours – if punishable by correctional penalties
authorities  36 hours – if punishable by afflictive or capital penalties

Three acts are punishable:

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 liberation of
such person
Delaying
Release
Elements:
1. Offender is a public officer or employee
2. 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. The offender without good reason delays the service, performance

Two acts are punishable:

1. By expelling a person from the Philippines
2. By compelling a person to change his residence
Expulsion
Elements:
1. Offender is a public officer or employee
2. He expels any person from the Philippines, or compels a person to change
his residence
3. The offender is not authorized to do so by law
 Section Two – Violation of Domicile

Acts punishable:
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
Violation of
said dwelling and after having been required to leave the same
domicile
Elements common to three acts:
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling and/or to
make a search therein for papers or other effects

Acts punishable in connection with search warrants:

1. By procuring a search warrant without just cause
2. By exceeding his authority or by using unnecessary severity in executing a
search warrant legally procured
Search warrant
Elements of procuring a search warrant without just cause:
maliciously
1. Offender is a public officer or employee
obtained and
2. Procures a search warrant
abuse in the
3. No just cause
service of those
legally obtained
Elements of exceeding authority or using unnecessary severity in executing a
search warrant legally procured:
1. Offender is a public officer of employee
2. He has legally procured a search warrant
3. Exceeds his authority or uses unnecessary severity in executing the same

Elements:
1. The offender is a public officer or employee
Searching
2. He is armed with search warrant legally procured
domicile w/o
3. He searches the domicile, papers, or other belongings of any person
witnesses
4. 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

Acts punishable:
1. Prohibiting or interrupting, without legal ground, the holding of a peaceful
meeting, or by dissolving the same
2. By hindering any person from joining any lawful association or from
attending any of its meetings
Prohibition, 3. By prohibiting or hindering any person from addressing, either alone or
interruption together with others, any petition to the authorities for the correction of
and dissolution abuses or redress of grievances
of peaceful
meetings Elements common to the acts punishable:
1. Offender is a public officer or employee
 Offender is a stranger to peaceful meeting, not a participant
 Not a private individual, if private individual, crime is disturbance
of public order
2. He performs any of the acts mentioned above
 Section Four- Crimes against religious worship

Elements:
Interruption of 1. Offender is a public officer or employee
religious 2. Religious ceremonies or manifestations of any religion are about to take
worship place or are going on
3. Offender prevents or disturbs the same

Elements:
Offending the
1. Acts complained of were performed (a) in a place devoted to religious
religious
worship, or (b) during the celebration of any religious ceremony
feelings
2. Acts must be notoriously offensive to the feelings of the faithful

TITLE THREE – CRIMES AGAINST PUBLIC ORDER

Elements:
1. There be public uprising AND taking arms against the government
2. Purpose of the uprising or movement is either
Art. 134 – a. To remove from the allegiance to said Government or its laws:
Rebellion or
 The territory of the Philippines or any part thereof
insurrection
 Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially, of any
of their powers or prerogatives

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,
Art. 134-A – intimidation, threat, strategy, or stealth
Coup d’etat 3. The attack is directed against duly constituted authorities of the Republic,
or any military camp or installation, communication networks, public
utilities or other facilities needed for the exercise and continued
possession of power
4. Purpose of the attack is to seize or diminish state power

Elements of conspiracy to commit:

1. Two or more persons come to an agreement for any of the purposes
stated in each crime
Art. 136 – 2. Decides to commit it
Conspiracy and
Proposal to Elements of proposal to commit:
commit coup 1. A person decided to commit rebellion, coup d’etat, or insurrection for any
d’etat, rebellion of the purposes stated therein
or insurrection 2. He proposes its execution to some other person or persons

*Not a separate crime. If crime was committed, shall be punished in that

provision.
Art. 137 –
Elements:
Disloyalty of
1. Offender must be a public officer or employee
public officers
2. He does any of the following acts which are punished
or employees
a. Failing to resist a rebellion by all the means in their power
 b. By continuing to discharge the duties of their offices under the
control of the rebels
c. By accepting appointment to office under them

Elements:
1. Offender does not take arms or is not in open hostility against the
Art. 138 –
government
Inciting to
2. He incites others to the execution of any of the acts of rebellion
rebellion
3. Inciting is done by means of speeches, proclamations, writings, emblems,
banners, or other representations tending to the same end

Elements:
1. Offender rise publicly AND tumultuously
2. They employ force, intimidation, or other means outside of legal methods
3. Employ any of those means to attain any of the following objects
a. Prevent promulgation or execution of any law of the holding of
any popular election
b. Prevent the National Gov’t, or any provincial or municipal gov’t,
Art. 139 – or any public officer from freely exercising its or his functions, or
Sedition prevent the execution of any administrative officer
c. 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,
municipality or provence, or the National Government of all its
property or any part thereof

Elements
Art. 141 – 1. Agreement to attain an object of sedition
Conspiracy to 2. Decision
commit sedition
*ONLY CONSPIRACY IS PUNISHABLE; no proposal to commit sedition

Different acts of inciting to sedition:

1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems, etc
2. Uttering seditious words or speeches which tend to disturb the public
peace
3. Writing, publishing or circulating scurrilous libels against the
Art. 142 – Government or any of the duly constituted authorities, which tend to
Inciting to disturb the public peace
sedition
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
3. Inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end

Crimes against popular representation

Art. 143 – Acts
Elements:
tending to
1. Offender is any person
prevent the
 meeting of 2. There be a projected or actual meeting of the Congress or any of its
Congress and committees or subcommittees, constitutional committees or divisions
similar bodies thereof or of any provincial board or city or municipal council or board
3. He prevents such meeting by force or fraud
Elements:
1. There be a meeting of the Congress or any of its committees or
Art. 144 –
subcommittees, constitutional committees or divisions thereof or of any
Disturbance of
provincial board or city or municipal council or board
proceedings of
2. Offender does any of the following acts:
Congress or
a. Disturbs such meetings
similar bodies
b. Behaves while in the presence of such bodies in such a manner as
to interrupt its proceedings or to impair the respect due it
Acts punishable and elements:
1. By using force, intimidation, threats, or frauds to prevent any member
of the Congress from (a) attending the meetings of the Assembly or of any
its committees or subcommittees, constitutional commissions or
committees or divisions or from (b) expressing his opinions, or (c)
casting his vote

Elements:
 Offender uses force, intimidation, threats, or fraud
 Offender is any person
Art. 145 –  Purpose is to prevent any member of Congress from attending meetings,
Violation of expressing his opinion, or casting his vote
parliamentary
immunity 2. By arresting or searching any member thereof while the Congress is in
regular or special session, except in case such member has committed a
crime punishable by a penalty higher than prision mayor

Elements:
 Offender is a public officer or employee
 He arrests or searches any member of the Congress
 Congress, at the time of the arrest or search, is in regular or special
session
 Member arrested or searched has not committed a crime punishable
under the Code by a penalty higher than prision mayor
Art. 146 – Illegal
assemblies
Art. 147 – Illegal
association
Art. 148 –
Direct Assault
Art. 149 –
Indirect Assault
Art. 150 –
Disobedience to
summons
issued by
Congress, its
committees,
etc., by the
Constitutional
Commissions,
its committees,
etc.
 Art. 151 –
Resistance and
disobedience to
a person in
authority or the
agents of such
person
Art 153 –
Tumults and
other
disturbances of
public order
Art. 154 –
Unlawful use of
means of
publication and
unlawful
utterances
Art. 155 –
Alarms and
scandals
Art. 156 –
Delivering
prisoners from
jails
Art. 157 –
Evasion of
service of
sentence
Art. 158 –
Evasion on
occasion of
disorders
Art. 159 –
Violation of
conditional
pardon
Art. 160 –
Commission of
another crime
during service
of penalty
imposed for
another
previous
offense