In dubio, pro reo: adiuva nos, Domine! 1! of !264
TOM Bar Reviewer in Criminal Law II
Book Two: Crimes and penalties. Special Penal Laws
CONTENTS
Title One. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 2
Title Two. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 13
Title Three. CRIMES AGAINST PUBLIC ORDER 26
Title Four. CRIMES AGAINST PUBLIC INTEREST 58
Title Five. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS 89
Title Six. CRIMES AGAINST PUBLIC MORALS 97
Title Seven. CRIMES COMMITTED BY PUBLIC OFFICERS 101
Title Eight. CRIMES AGAINST PERSONS 144
Title Nine. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 171
Title Ten. CRIMES AGAINST PROPERTY 188
Title Eleven. CRIMES AGAINST CHASTITY 232
Title Twelve. CRIMES AGAINST THE CIVIL STATUS OF PERSONS 244
Title Thirteen. CRIMES AGAINST HONOR 250
Title Fourteen. QUASI-OFFENSES 258
SUMMARIES 260
Crimes that ABSORB other crimes 260
Crimes that prohibit “absorption” 261
Inter-related Crimes: bar scenarios 262
,In dubio, pro reo: adiuva nos, Domine! 2! of !264
Title One. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One. CRIMES AGAINST NATIONAL SECURITY 2
Section One. — Treason and espionage 2
Art. 114. Treason. 3
Art. 115. Conspiracy and proposal to commit treason; 4
Art. 116. Misprision of treason. 5
Art. 117. Espionage. 5
Section Two. Provoking war and disloyalty in case of war 6
Art. 118. Inciting to war or giving motives for reprisals. — 6
Art. 119. Violation of neutrality. — 6
Art. 120. Correspondence with hostile country. — 6
Art. 121. Flight to enemy country. — 7
Section Three. — Piracy and mutiny on the high seas 7
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. 8
Art. 123. Qualified piracy. [Plus Qualified Mutiny] 9
R.A. 6235: Anti-Hijacking Law 10
R.A. 9372—Human Security Act of 2007 10
———————————————————————————————
Chapter One. CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage
SUMMARY OF TREASON & ESPIONAGE***
1. Ways of committing the crimes
CRIME HOW COMMITTED/ELEMENTS
Treason [114] 1. There is a war in which the Philippines is involved; 2. Offender is either a Filipino
citizen or a foreigner (an alien residing in PH); 3. Offender either: a) levies war against
the Philippine government; or b) adheres to the enemy by giving them aid or comfort.
Conspiracy 1. CONSPIRACY: when two or more persons come to an agreement concerning
and proposal the commission of treason and they decide to commit it.
to commit 2. PROPOSAL: when a person who decided to commit the crime of treason
treason [115] proposes its execution to another person.
Misprision of When a Filipino citizen who has knowledge of a conspiracy to commit treason
treason [116] failed to divulge it or failed to disclose it to the proper authorities as soon as possible
Espionage 1. GRAVAMEN: the ACT OF ENTERING a military, fort, naval, establishment
[117]: Two for the purpose of obtaining information, plans, photographs or other data of confidential
acts. nature relative to the defense of the Philippines. The fact that one enters the said
places without authority therefor gives rise to a PRESUMPTION that his intention
is to obtain this confidential nature relative to the defense of the Philippines.
2. ESSENCE: the ACT OF DISCLOSURE or divulging to a representative of a
foreign nation the contents of these data which are of confidential nature relative to
the defense of the Philippines.
,In dubio, pro reo: adiuva nos, Domine! 3! of !264
CRIME HOW COMMITTED/ELEMENTS
Inciting to war when the offender performs unlawful or unauthorized acts, and these acts
or giving provoke or give occasion to war involving or liable to involve the Philippines or give
motives for occasion or reprisals on the persons or property of Filipino citizens in another
reprisals [118] country.
Violation of ESSENCE: the violation of the regulation issued by competent authority
Neutrality [119] enforcing neutrality, when there is a war and the Philippines is not a party
Corresponden 1. Prohibited by the Philippine government; 2. carried on in ciphers or conventional
ce with hostile signs or 3. contains notices or information which may be useful to the enemy state.
country [120] NB: For (1), any correspondence gives rise to the crime only when prohibited
—Three acts. in (1); for (2) & (3), only those specific acts will give rise to the crime.
Flight to enemy ESSENCE: the violation of the regulation issued by the competent authority
country [121] prohibiting flight to the enemy country.
2. Who commits them
FILIPINOS ONLY FILIPINOS & RESIDENT ALIENS
Misprision of Treason: can only be committed by Treason: including temporary alien residents
those owing PERMANENT ALLEGIANCE to having TEMPORARY ALLEGIANCE to PH
PH [116] [114]
3. When committed
ONLY IN TIMES OF WAR BOTH IN TIMES OF WAR & PEACE
Treason, conspiracy or proposal to commit Espionage
treason, and misprision of treason
Art. 114.1 Treason.
1. Treason is committed by any Filipino citizen who in times of war in which the Philippines is involved either
levies war against the Philippine Government or adheres to the enemy by giving them aid or comfort.
Elements:2
a. There is a war3 in which the Philippines is involved.
1 [] Amended by RA 7659 (13 December 1993) as follows: "Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines
or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to
death and shall pay a fine not to exceed 100,000 pesos.” [now 4M under RA 10951 (2017)]
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.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be
punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.”
[] Old law: — Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being
a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere,
shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos… 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… Likewise,
an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by
prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).
2 Which of the following circumstances may be appreciated as aggravating in the crime of treason? (2012 BAR) a) cruelty and ignominy;
b) evident premeditation; c) superior strength; d) treachery.
3 [] Treason is a war time offense, as a means of self-defense or self-preservation on the part of the Philippine government [Laurel v.
Singson]. In times of peace, treason is a dormant crime. Treason is a war time offense because there are only enemies, there are only
traitors in times of war. *****Enemies: citizens of another country in which the Philippines is at war; hence, the NPA’s & MNLF are not
considered enemies of the state because they are also Filipino citizens.
, In dubio, pro reo: adiuva nos, Domine! 4! of !264
b. Offender4 is either a Filipino citizen or a foreigner,5 an alien residing in the Philippines.
c. Offender either
i. levies war6 against the Philippine government or
ii. adheres7 to the enemy by giving them aid or comfort.
3. TWO WAYS OF PROVING TREASON
a. Testimony of two witnesses, at least to the same overt act (“TWO WITNESS RULE”)
b. Confession made by the accused in open8 court.
[] In effect, treason cannot be proven by mere circumstantial evidence. There must be direct
evidence, i.e., someone had seen the perpetrators of the crime doing the same overt act.
4. Principle of Absorption in Treason: What if in the course of committing treason, the offender killed
another Filipino (or murder, homicide or inflicted physical injuries)? *****These common crimes committed
in furtherance of treason are ABSORBED in the crime of treason because they are known as ATROCITIES
OF WAR. Hence, you only charge the offender with one crime and that is treason. The murder, the killing,
the physical injuries, the burning of houses committed, are considered as part and parcel of the crime and
therefore, they are absorbed in the crime of treason.
Art. 115. Conspiracy and proposal to commit treason;
1. [] Penalty. — The conspiracy or proposal to commit the crime of treason shall be punished respectively, by
prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000
pesos.
2. Two crimes involved:
a. There is CONSPIRACY to commit treason when two or more persons come to an agreement
concerning the commission of treason and they decide to commit it.
b. There is PROPOSAL to commit treason when a person who decided to commit the crime of
treason proposes its execution to another person.
3. Scenarios:
a. There is a war in which the Philippines is involved. A, B, C and D conspired with one another in
order to commit treason against the Philippine government. After their agreement, A went to his friend X and
he told X about his conspiracy together with B, C and D to commit the crime of treason. After divulging the
same plan to X, A left. X, despite knowledge of such conspiracy to commit treason of A, B, C and D did
not disclose it to the proper authorities. What is/are the crime/crimes committed by A, B, C, and D as well as
X?
i. A, B, C and D are all liable for conspiracy to commit treason, ii. whereas
X will be liable for Misprision of Treason.
4 [] Filipino: because he owes permanent allegiance to the Philippine government. Foreigner: even he is temporarily residing in the
Philippines, because the Philippine government also gives him the same protection the government is giving to its own citizens, while he is
staying here; hence, in return, foreigners owe temporary allegiance to the Philippine government.
5 Can the crime of treason be committed only by a Filipino citizen? (2012 BAR)
a) Yes. The offender in the crime of treason is a Filipino citizen only because the first element is that the offender owes allegiance to the
Government of the Philippines.
b) No. The offender in the crime of treason is either a Filipino citizen or a foreigner married to a Filipino citizen, whether residing in the
Philippines or elsewhere, who adheres to the enemies of the Philippines, giving them aid or comfort.
c) No. The offender in the crime of treason is either a Filipino citizen or an alien residing in the Philippines because while permanent
allegiance is owed by the alien to his own country, he owes a temporary allegiance to the Philippines where he resides.
d) Yes. It is not possible for an alien, whether residing in the Philippines or elsewhere, to commit the crime of treason because he owes
allegiance to his own country.
6 [] *****Levying of war requires the concurrence of two elements: First, there must be an actual assembly of men and second, it is for a
treasonable design by means of force. Hence, it is necessary that Filipinos must be in collaboration with the enemy troops to amount to
levying war against the Philippine government, in order to hand over the Philippine government to the enemy troops.
7 [] Adherence to the enemy means giving emotional and intellectual favor to the enemy—an internal state of the mind. It is externally
manifested by means of acts of giving aid or comfort to the enemies. Giving aid or comfort means giving enemies information,
transportation, arms and other things which will strengthen the defense of the enemy and weaken the defense of the Philippines. Both
adherence to the enemies and giving aid or comfort must concur: Mere adherence to the enemies will not give rise to treason; mere giving
aid or comfort to the enemies will not give rise to treason either. **It is necessary that giving of aid or comfort must be the manifestation
of the adherence to the enemies. NB: The act of giving women to the enemy troops is not considered as a treasonable act [People v.
Perez]. It may have strengthened the enemy but such effect is only trivial in nature. It will not weaken the defense of the Philippines.
8 *Hence, it must be a judicial confession made in open court. Extra-judicial confession is not a means of proving treason
TOM Bar Reviewer in Criminal Law II
Book Two: Crimes and penalties. Special Penal Laws
CONTENTS
Title One. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 2
Title Two. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 13
Title Three. CRIMES AGAINST PUBLIC ORDER 26
Title Four. CRIMES AGAINST PUBLIC INTEREST 58
Title Five. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS 89
Title Six. CRIMES AGAINST PUBLIC MORALS 97
Title Seven. CRIMES COMMITTED BY PUBLIC OFFICERS 101
Title Eight. CRIMES AGAINST PERSONS 144
Title Nine. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 171
Title Ten. CRIMES AGAINST PROPERTY 188
Title Eleven. CRIMES AGAINST CHASTITY 232
Title Twelve. CRIMES AGAINST THE CIVIL STATUS OF PERSONS 244
Title Thirteen. CRIMES AGAINST HONOR 250
Title Fourteen. QUASI-OFFENSES 258
SUMMARIES 260
Crimes that ABSORB other crimes 260
Crimes that prohibit “absorption” 261
Inter-related Crimes: bar scenarios 262
,In dubio, pro reo: adiuva nos, Domine! 2! of !264
Title One. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One. CRIMES AGAINST NATIONAL SECURITY 2
Section One. — Treason and espionage 2
Art. 114. Treason. 3
Art. 115. Conspiracy and proposal to commit treason; 4
Art. 116. Misprision of treason. 5
Art. 117. Espionage. 5
Section Two. Provoking war and disloyalty in case of war 6
Art. 118. Inciting to war or giving motives for reprisals. — 6
Art. 119. Violation of neutrality. — 6
Art. 120. Correspondence with hostile country. — 6
Art. 121. Flight to enemy country. — 7
Section Three. — Piracy and mutiny on the high seas 7
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. 8
Art. 123. Qualified piracy. [Plus Qualified Mutiny] 9
R.A. 6235: Anti-Hijacking Law 10
R.A. 9372—Human Security Act of 2007 10
———————————————————————————————
Chapter One. CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage
SUMMARY OF TREASON & ESPIONAGE***
1. Ways of committing the crimes
CRIME HOW COMMITTED/ELEMENTS
Treason [114] 1. There is a war in which the Philippines is involved; 2. Offender is either a Filipino
citizen or a foreigner (an alien residing in PH); 3. Offender either: a) levies war against
the Philippine government; or b) adheres to the enemy by giving them aid or comfort.
Conspiracy 1. CONSPIRACY: when two or more persons come to an agreement concerning
and proposal the commission of treason and they decide to commit it.
to commit 2. PROPOSAL: when a person who decided to commit the crime of treason
treason [115] proposes its execution to another person.
Misprision of When a Filipino citizen who has knowledge of a conspiracy to commit treason
treason [116] failed to divulge it or failed to disclose it to the proper authorities as soon as possible
Espionage 1. GRAVAMEN: the ACT OF ENTERING a military, fort, naval, establishment
[117]: Two for the purpose of obtaining information, plans, photographs or other data of confidential
acts. nature relative to the defense of the Philippines. The fact that one enters the said
places without authority therefor gives rise to a PRESUMPTION that his intention
is to obtain this confidential nature relative to the defense of the Philippines.
2. ESSENCE: the ACT OF DISCLOSURE or divulging to a representative of a
foreign nation the contents of these data which are of confidential nature relative to
the defense of the Philippines.
,In dubio, pro reo: adiuva nos, Domine! 3! of !264
CRIME HOW COMMITTED/ELEMENTS
Inciting to war when the offender performs unlawful or unauthorized acts, and these acts
or giving provoke or give occasion to war involving or liable to involve the Philippines or give
motives for occasion or reprisals on the persons or property of Filipino citizens in another
reprisals [118] country.
Violation of ESSENCE: the violation of the regulation issued by competent authority
Neutrality [119] enforcing neutrality, when there is a war and the Philippines is not a party
Corresponden 1. Prohibited by the Philippine government; 2. carried on in ciphers or conventional
ce with hostile signs or 3. contains notices or information which may be useful to the enemy state.
country [120] NB: For (1), any correspondence gives rise to the crime only when prohibited
—Three acts. in (1); for (2) & (3), only those specific acts will give rise to the crime.
Flight to enemy ESSENCE: the violation of the regulation issued by the competent authority
country [121] prohibiting flight to the enemy country.
2. Who commits them
FILIPINOS ONLY FILIPINOS & RESIDENT ALIENS
Misprision of Treason: can only be committed by Treason: including temporary alien residents
those owing PERMANENT ALLEGIANCE to having TEMPORARY ALLEGIANCE to PH
PH [116] [114]
3. When committed
ONLY IN TIMES OF WAR BOTH IN TIMES OF WAR & PEACE
Treason, conspiracy or proposal to commit Espionage
treason, and misprision of treason
Art. 114.1 Treason.
1. Treason is committed by any Filipino citizen who in times of war in which the Philippines is involved either
levies war against the Philippine Government or adheres to the enemy by giving them aid or comfort.
Elements:2
a. There is a war3 in which the Philippines is involved.
1 [] Amended by RA 7659 (13 December 1993) as follows: "Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines
or adheres to her enemies giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to
death and shall pay a fine not to exceed 100,000 pesos.” [now 4M under RA 10951 (2017)]
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.
Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this Article shall be
punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.”
[] Old law: — Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being
a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere,
shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos… 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… Likewise,
an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by
prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).
2 Which of the following circumstances may be appreciated as aggravating in the crime of treason? (2012 BAR) a) cruelty and ignominy;
b) evident premeditation; c) superior strength; d) treachery.
3 [] Treason is a war time offense, as a means of self-defense or self-preservation on the part of the Philippine government [Laurel v.
Singson]. In times of peace, treason is a dormant crime. Treason is a war time offense because there are only enemies, there are only
traitors in times of war. *****Enemies: citizens of another country in which the Philippines is at war; hence, the NPA’s & MNLF are not
considered enemies of the state because they are also Filipino citizens.
, In dubio, pro reo: adiuva nos, Domine! 4! of !264
b. Offender4 is either a Filipino citizen or a foreigner,5 an alien residing in the Philippines.
c. Offender either
i. levies war6 against the Philippine government or
ii. adheres7 to the enemy by giving them aid or comfort.
3. TWO WAYS OF PROVING TREASON
a. Testimony of two witnesses, at least to the same overt act (“TWO WITNESS RULE”)
b. Confession made by the accused in open8 court.
[] In effect, treason cannot be proven by mere circumstantial evidence. There must be direct
evidence, i.e., someone had seen the perpetrators of the crime doing the same overt act.
4. Principle of Absorption in Treason: What if in the course of committing treason, the offender killed
another Filipino (or murder, homicide or inflicted physical injuries)? *****These common crimes committed
in furtherance of treason are ABSORBED in the crime of treason because they are known as ATROCITIES
OF WAR. Hence, you only charge the offender with one crime and that is treason. The murder, the killing,
the physical injuries, the burning of houses committed, are considered as part and parcel of the crime and
therefore, they are absorbed in the crime of treason.
Art. 115. Conspiracy and proposal to commit treason;
1. [] Penalty. — The conspiracy or proposal to commit the crime of treason shall be punished respectively, by
prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000
pesos.
2. Two crimes involved:
a. There is CONSPIRACY to commit treason when two or more persons come to an agreement
concerning the commission of treason and they decide to commit it.
b. There is PROPOSAL to commit treason when a person who decided to commit the crime of
treason proposes its execution to another person.
3. Scenarios:
a. There is a war in which the Philippines is involved. A, B, C and D conspired with one another in
order to commit treason against the Philippine government. After their agreement, A went to his friend X and
he told X about his conspiracy together with B, C and D to commit the crime of treason. After divulging the
same plan to X, A left. X, despite knowledge of such conspiracy to commit treason of A, B, C and D did
not disclose it to the proper authorities. What is/are the crime/crimes committed by A, B, C, and D as well as
X?
i. A, B, C and D are all liable for conspiracy to commit treason, ii. whereas
X will be liable for Misprision of Treason.
4 [] Filipino: because he owes permanent allegiance to the Philippine government. Foreigner: even he is temporarily residing in the
Philippines, because the Philippine government also gives him the same protection the government is giving to its own citizens, while he is
staying here; hence, in return, foreigners owe temporary allegiance to the Philippine government.
5 Can the crime of treason be committed only by a Filipino citizen? (2012 BAR)
a) Yes. The offender in the crime of treason is a Filipino citizen only because the first element is that the offender owes allegiance to the
Government of the Philippines.
b) No. The offender in the crime of treason is either a Filipino citizen or a foreigner married to a Filipino citizen, whether residing in the
Philippines or elsewhere, who adheres to the enemies of the Philippines, giving them aid or comfort.
c) No. The offender in the crime of treason is either a Filipino citizen or an alien residing in the Philippines because while permanent
allegiance is owed by the alien to his own country, he owes a temporary allegiance to the Philippines where he resides.
d) Yes. It is not possible for an alien, whether residing in the Philippines or elsewhere, to commit the crime of treason because he owes
allegiance to his own country.
6 [] *****Levying of war requires the concurrence of two elements: First, there must be an actual assembly of men and second, it is for a
treasonable design by means of force. Hence, it is necessary that Filipinos must be in collaboration with the enemy troops to amount to
levying war against the Philippine government, in order to hand over the Philippine government to the enemy troops.
7 [] Adherence to the enemy means giving emotional and intellectual favor to the enemy—an internal state of the mind. It is externally
manifested by means of acts of giving aid or comfort to the enemies. Giving aid or comfort means giving enemies information,
transportation, arms and other things which will strengthen the defense of the enemy and weaken the defense of the Philippines. Both
adherence to the enemies and giving aid or comfort must concur: Mere adherence to the enemies will not give rise to treason; mere giving
aid or comfort to the enemies will not give rise to treason either. **It is necessary that giving of aid or comfort must be the manifestation
of the adherence to the enemies. NB: The act of giving women to the enemy troops is not considered as a treasonable act [People v.
Perez]. It may have strengthened the enemy but such effect is only trivial in nature. It will not weaken the defense of the Philippines.
8 *Hence, it must be a judicial confession made in open court. Extra-judicial confession is not a means of proving treason
