Criminal Law Review Fiscal Garcia Book 2
CRIMINAL LAW REVIEW
BOOK II
From the lectures of Prosecutor Victoria C. Garcia
By: Dizon | Manalo | Navarez | Shyu | Tubio
Faculty of Civil Law – University of Santo Tomas
Updated: 2017
Disclaimer: Errors/mistakes are solely due to the transcribers.
Please use with due diligence and caution.
Also, please refrain from sharing this on any online library.
God bless!
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
TITLE ONE ➢ The third element refers to the mode of
committing treason. Treason may be committed
CRIMES AGAINST NATIONAL SECURITY AND
by either:
THE LAW OF NATIONS (Articles 114 – 122)
a. Levies war against the Philippine government,
ARTICLE 114 – TREASON requires the concurrence of two elements:
1. There must be an actual of assembly of men
Treason is committed by any Filipino citizen or an alien
2. It is for the purpose of executing or effecting a
residing in the Philippines who levies war against the
treasonable design by force.
Philippine Government or adheres to her enemies by giving
them aid and comfort. Levying of war means that the said offenders,
Filipino citizens who are said to be in
ELEMENTS:
collaboration – they connived and conspired with
1. The offender is by birth, a Filipino Citizen or an alien the enemy troops in order to hand over the
residing in the Philippines. Philippine Government to the enemy troops.
Absent of that collaboration, it cannot be
The offender can either be:
considered as treason.
➢ A Filipino citizen because a Filipino citizen
b. Adheres to the enemies by giving them aid or
owes permanent allegiance to the Philippine
comfort.
Government; or
➢ A foreigner, even if he is temporarily residing Adherence to the enemies — means that the
in the Philippines because during his Filipino citizen or the offender intentionally,
temporary stay in the Philippines, he also intellectually and emotionally favors the enemy.
owes temporary allegiance to the Philippines Therefore, adherence to the enemies is an internal
since he is given protection by the Philippine state of mind, it is mental state, you cannot see
Government under its laws therefore it is but adherence to the enemies.
incumbent upon him to have temporary How now would you know that a person is
allegiance to the Philippine Government. adhering to the enemy state?
2. That there is a war in which the Philippines is involved. ➢ It is manifested by his acts of giving aid
➢ The second element is that there is a war in which or comfort to the enemy. That is why
the Philippines is involved. these two must concur:
➢ In the case of Laura v. Misa, treason is a war 1. Adherence to the enemies
time offense. It can be committed only in times of 2. Giving them aid or comfort
war. In times of peace, Treason remains to be ➢ Mere adherence to the enemies,
dormant crime, however, the moment when without any act of giving aid or comfort
emergency arises, the moment a war arises, it is to the enemy will not bring along
immediately put into effect as an act self-defense treason, it is the act of giving aid or
and self-preservation for the Philippine comfort which is the manifestation of the
Government. Treason cannot be committed in adherence to the enemies.
times of peace, because in times of peace, there are
EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES
no traitors.
BY GIVING AID OR COMFORT:
Who are these traitors?
➢ These enemies are troops of the enemy state a. By giving the enemies information, transportation,
which is in war with the Philippines. Filipino arms, supplies, all of these will weaken the defense
men like the MILF, NPAs, even if they are at of the Philippines and strengthen the enemy state.
war with the Philippine government, they b. People v. Perez: The court said, "the act of
cannot be considered as enemies because they commandeering women or giving women to the
are still considered as Filipino citizens. So the enemy troops in times of war, to satisfy the lust of
aliens refer to the citizens of the enemy state the enemy troops is not considered as a
which is at war with the Philippines. treasonable act." Because according the Court,
3. That the offender either— whatever benefit is given to the enemy is merely
a) Levies war against the Philippine trivial in nature, imperceptible and it was not the
government, or intent of the offender (unintentionally).
b) Adheres to the enemies by giving them aid or
comfort.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 1|
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
Two ways of proving treason under Article 114: ARTICLE 116 – MISPRISION OF TREASON
a. TESTIMONY OF TWO WITNESSES, AT LEAST, ➢ Every person owing allegiance to the Government of
TO THE SAME OVERT ACT, OTHERWISE the Philippine Islands, without being a foreigner,
KNOWN AS THE "TWO-WITNESS RULE" and having knowledge of any conspiracy against
➢ There must be two witnesses who will prove only them, conceals or does not disclose and make known
on the commission by the offender of an overt act the same, as soon as possible to the governor or
showing that he adheres to the enemy. There must fiscal of the province, or the mayor or fiscal of the
be two persons who had seen the overt act. city which he resides, as the case may be shall be
Therefore, treason cannot be proven by mere punished as an accessory to the crime of treason.
substantial evidence. There must be direct ➢ TREASON can be committed both by Filipino
evidence, a witness to this act of giving aid or citizens and a foreigner temporarily residing in the
comfort to the enemy. Philippines.
b. CONFESSION OF THE OFFENDER OR THE ➢ MISPRISION OF TREASON can only be committed
ACCUSED MADE IN AN OPEN COURT by a Filipino citizen who owes permanent allegiance
➢ Confession of guilt must be made before a court. It to the Philippine government. It cannot be
must be judicial confession made in court. Extra- committed by a foreigner residing in the Philippines.
judicial confession will not give rise to conviction
Q: What if A, B and C, conspired and agreed to commit
in case of the crime of treason.
treason against the Philippine Government. After their
Q: What if there is war which the Philippines is involved? X conspiracy and agreement, A went to X. A told his friend X
was among those who committed treason against the that he was in conspiracy with B and C to commit treason
government. Now X in committing treason killed a public against the Philippine Government. After A told him such
officer of the government of the Philippines, in furtherance conspiracy with X, A left. X, despite knowledge of the
of his act of treason. Will such act amounting to murder conspiracy to commit treason among A, B, and C, did not
give rise to a separate and distinct crime? Will you charge disclose such information to the proper authorities. What
him for two crimes based on treason and murder? crime/crimes is/are committed by A, B, C, and X?
A: There is only one crime committed by him A: A, B, and C are liable for conspiracy to
and the crime committed is treason. Common commit treason. There is a meeting of two or more
crimes such as Murder, physical injuries, homicide, persons come to an agreement to commit the crime of
arson, if they are committed in furtherance to, in treason and decide to commit it.There is proposal to
connection with or incidentally to treason shall be commit treason when a person has decided to commit
absorbed in the crime of treason because they are the crime of treason and proposes its execution to
atrocities for war and therefore, they are considered as some other person or persons. The moment that other
absorbed in the crime of treason. It cannot even be person whom the proposal was given, raise to the
complex, they are considered absorbed in the crime of commission of crime, we no longer have proposal, but
treason. we have Conspiracy to commit treason. In the problem,
A, B, and C, conspired, agreed to commit the crime of
ARTICLE 115 – CONSPIRACY AND PROPOSAL TO
treason against the Philippine government, therefore
COMMIT TREASON
they are all liable for conspiracy to commit treason.
Conspiracy to commit treason – meeting of two or
Q: X, who had knowledge of the conspiracy to commit
more persons who come to an agreement to commit
treason among A, B, and C, however, despite that
treason and decide to commit it
knowledge, he did not disclose it to the proper authorities.
Proposal to commit treason – a person has decided to What is the liability of X?
commit treason and proposes its execution to other person
A: X is liable for misprision of treason – is
or persons.
committed by any person who owes permanent
➢ The moment that other person whom the proposal was allegiance to the Philippine Government who fails to
given, raise to the commission of crime, we no longer disclose of knowledge to commit treason as soon as
have proposal, but we have Conspiracy to commit possible to the proper authorities. In the problem, C,
treason. despite having knowledge of the conspiracy to commit
➢ Separate and distinct from treason treason among A, B, and C did not divulge it, did not
➢ Two-witness rule does not apply disclose it to the proper authorities, therefore, X is
liable for misprision of treason.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 2|
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
ARTICLE 117 – ESPIONAGE ARTICLE 118 –INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
TWO WAYS OF COMMITTING ESPIONAGE:
ELEMENTS:
I. By entering, without authority therefor, a
warship, fort, or naval or military 1. That the offender performs unlawful or
establishment or reservation to obtain any unauthorized acts by the Philippine government.
information, plans, photographs or other data 2. That the said act provokes or gives occasion for a war
of a confidential nature, relative to the defense involving or liable to involve the Philippines or
of the Philippines exposes Filipino citizens to reprisals on their persons
➢ The offender can be any person. He can be a and property while they are in a foreign country.
Filipino citizen or a foreigner, or he can be a 3. He is not legally authorized to do so.
public officer or employee or a private
Inciting to war connotes that there is yet no war. It is
individual.
committed in times of peace.
When will the crime of espionage arise?
➢ Under the first mode, the crime of espionage Case of CAPTAIN MENDOZA
will arise moment the offender enters the
Hostage drama in Luneta. There were Hong Kong
warship, fort or naval or military
citizens who boarded the bus and here comes Captain
establishment or reservation, without
Mendoza who was no longer a member of the military,
authority if his intention is to obtain any
he entered the bus, with different weapons and
information, plans, photographs or other data
grenades and even killed some Hong Kong citizens.
of a confidential nature, relative to the
Captain Mendoza performed unlawful and
defense of the Philippines.
unauthorized acts which exposed overseas Filipino
➢ It is not necessary that for the crime to arise
workers in Hong Kong and China to reprisals on their
that he is successful in obtaining the data. It is
persons or property. In fact, there was news at that
not necessary that he indeed obtained the
time that Hong Kong or China would be engaging in
data. The mere act of entering without
war with the Philippines. Hence, one of the crimes that
authority is sufficient if his intention is to
may be held against Captain Mendoza is inciting to war
obtain the data of confidential manner
or giving motives for reprisals.
relative to the defense of the Philippines. The
law presumes that the moment he enters ARTICLE 119 – VIOLATION OF NEUTRALITY
without authority, his purpose is to obtain
ELEMENTS:
confidential information. He may, however,
rebut this presumption. 1. The crime is committed when there is a war but the
II. By disclosing to the representative of a foreign Philippines is not involved in the said war and;
nation the contents of the articles, data or 2. The competent authority issued a regulation for the
information referred to in paragraph No. 1 of purpose of enforcing neutrality among Filipino
art. 117, which he had in his possession by citizens and ;
reason of the public office he holds. 3. The offender violates such regulation imposed.
➢ This mode of committing espionage can only
be committed by a public officer who has been ◼ Here, there is war but the Philippines is not involved in
trusted, by reason of his public position, of the said war.
articles, data of confidential nature relative to
Q: There is a war between country X and country Y. Here
the defense of the Philippines.
comes Pedro, a Filipino citizen, he was siding with country
➢ The crime of espionage will arise the moment
X. Is he liable?
the offender divulges or discloses the data and
information to a representative of a foreign A: No, he is not liable of violation of neutrality
nation. because in the problem, it did not say that the
➢ So even if he is in possession of the same, but competent authority (the President) issued a
he does not divulge it to any representative of proclamation or regulation imposing neutrality.
a foreign nation, the crime will not arise.
◼ The violation will only arise if there is a proclamation
or regulation imposing neutrality and a Filipino citizen
◼ Espionage can be committed in BOTH times of peace
violates such declaration or regulation issued by a
and in times of war.
competent authority. Therefore, absence of such
declaration of neutrality, the crime of violation of
neutrality does not arise.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 3|
CRIMINAL LAW REVIEW
BOOK II
From the lectures of Prosecutor Victoria C. Garcia
By: Dizon | Manalo | Navarez | Shyu | Tubio
Faculty of Civil Law – University of Santo Tomas
Updated: 2017
Disclaimer: Errors/mistakes are solely due to the transcribers.
Please use with due diligence and caution.
Also, please refrain from sharing this on any online library.
God bless!
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
TITLE ONE ➢ The third element refers to the mode of
committing treason. Treason may be committed
CRIMES AGAINST NATIONAL SECURITY AND
by either:
THE LAW OF NATIONS (Articles 114 – 122)
a. Levies war against the Philippine government,
ARTICLE 114 – TREASON requires the concurrence of two elements:
1. There must be an actual of assembly of men
Treason is committed by any Filipino citizen or an alien
2. It is for the purpose of executing or effecting a
residing in the Philippines who levies war against the
treasonable design by force.
Philippine Government or adheres to her enemies by giving
them aid and comfort. Levying of war means that the said offenders,
Filipino citizens who are said to be in
ELEMENTS:
collaboration – they connived and conspired with
1. The offender is by birth, a Filipino Citizen or an alien the enemy troops in order to hand over the
residing in the Philippines. Philippine Government to the enemy troops.
Absent of that collaboration, it cannot be
The offender can either be:
considered as treason.
➢ A Filipino citizen because a Filipino citizen
b. Adheres to the enemies by giving them aid or
owes permanent allegiance to the Philippine
comfort.
Government; or
➢ A foreigner, even if he is temporarily residing Adherence to the enemies — means that the
in the Philippines because during his Filipino citizen or the offender intentionally,
temporary stay in the Philippines, he also intellectually and emotionally favors the enemy.
owes temporary allegiance to the Philippines Therefore, adherence to the enemies is an internal
since he is given protection by the Philippine state of mind, it is mental state, you cannot see
Government under its laws therefore it is but adherence to the enemies.
incumbent upon him to have temporary How now would you know that a person is
allegiance to the Philippine Government. adhering to the enemy state?
2. That there is a war in which the Philippines is involved. ➢ It is manifested by his acts of giving aid
➢ The second element is that there is a war in which or comfort to the enemy. That is why
the Philippines is involved. these two must concur:
➢ In the case of Laura v. Misa, treason is a war 1. Adherence to the enemies
time offense. It can be committed only in times of 2. Giving them aid or comfort
war. In times of peace, Treason remains to be ➢ Mere adherence to the enemies,
dormant crime, however, the moment when without any act of giving aid or comfort
emergency arises, the moment a war arises, it is to the enemy will not bring along
immediately put into effect as an act self-defense treason, it is the act of giving aid or
and self-preservation for the Philippine comfort which is the manifestation of the
Government. Treason cannot be committed in adherence to the enemies.
times of peace, because in times of peace, there are
EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES
no traitors.
BY GIVING AID OR COMFORT:
Who are these traitors?
➢ These enemies are troops of the enemy state a. By giving the enemies information, transportation,
which is in war with the Philippines. Filipino arms, supplies, all of these will weaken the defense
men like the MILF, NPAs, even if they are at of the Philippines and strengthen the enemy state.
war with the Philippine government, they b. People v. Perez: The court said, "the act of
cannot be considered as enemies because they commandeering women or giving women to the
are still considered as Filipino citizens. So the enemy troops in times of war, to satisfy the lust of
aliens refer to the citizens of the enemy state the enemy troops is not considered as a
which is at war with the Philippines. treasonable act." Because according the Court,
3. That the offender either— whatever benefit is given to the enemy is merely
a) Levies war against the Philippine trivial in nature, imperceptible and it was not the
government, or intent of the offender (unintentionally).
b) Adheres to the enemies by giving them aid or
comfort.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 1|
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
Two ways of proving treason under Article 114: ARTICLE 116 – MISPRISION OF TREASON
a. TESTIMONY OF TWO WITNESSES, AT LEAST, ➢ Every person owing allegiance to the Government of
TO THE SAME OVERT ACT, OTHERWISE the Philippine Islands, without being a foreigner,
KNOWN AS THE "TWO-WITNESS RULE" and having knowledge of any conspiracy against
➢ There must be two witnesses who will prove only them, conceals or does not disclose and make known
on the commission by the offender of an overt act the same, as soon as possible to the governor or
showing that he adheres to the enemy. There must fiscal of the province, or the mayor or fiscal of the
be two persons who had seen the overt act. city which he resides, as the case may be shall be
Therefore, treason cannot be proven by mere punished as an accessory to the crime of treason.
substantial evidence. There must be direct ➢ TREASON can be committed both by Filipino
evidence, a witness to this act of giving aid or citizens and a foreigner temporarily residing in the
comfort to the enemy. Philippines.
b. CONFESSION OF THE OFFENDER OR THE ➢ MISPRISION OF TREASON can only be committed
ACCUSED MADE IN AN OPEN COURT by a Filipino citizen who owes permanent allegiance
➢ Confession of guilt must be made before a court. It to the Philippine government. It cannot be
must be judicial confession made in court. Extra- committed by a foreigner residing in the Philippines.
judicial confession will not give rise to conviction
Q: What if A, B and C, conspired and agreed to commit
in case of the crime of treason.
treason against the Philippine Government. After their
Q: What if there is war which the Philippines is involved? X conspiracy and agreement, A went to X. A told his friend X
was among those who committed treason against the that he was in conspiracy with B and C to commit treason
government. Now X in committing treason killed a public against the Philippine Government. After A told him such
officer of the government of the Philippines, in furtherance conspiracy with X, A left. X, despite knowledge of the
of his act of treason. Will such act amounting to murder conspiracy to commit treason among A, B, and C, did not
give rise to a separate and distinct crime? Will you charge disclose such information to the proper authorities. What
him for two crimes based on treason and murder? crime/crimes is/are committed by A, B, C, and X?
A: There is only one crime committed by him A: A, B, and C are liable for conspiracy to
and the crime committed is treason. Common commit treason. There is a meeting of two or more
crimes such as Murder, physical injuries, homicide, persons come to an agreement to commit the crime of
arson, if they are committed in furtherance to, in treason and decide to commit it.There is proposal to
connection with or incidentally to treason shall be commit treason when a person has decided to commit
absorbed in the crime of treason because they are the crime of treason and proposes its execution to
atrocities for war and therefore, they are considered as some other person or persons. The moment that other
absorbed in the crime of treason. It cannot even be person whom the proposal was given, raise to the
complex, they are considered absorbed in the crime of commission of crime, we no longer have proposal, but
treason. we have Conspiracy to commit treason. In the problem,
A, B, and C, conspired, agreed to commit the crime of
ARTICLE 115 – CONSPIRACY AND PROPOSAL TO
treason against the Philippine government, therefore
COMMIT TREASON
they are all liable for conspiracy to commit treason.
Conspiracy to commit treason – meeting of two or
Q: X, who had knowledge of the conspiracy to commit
more persons who come to an agreement to commit
treason among A, B, and C, however, despite that
treason and decide to commit it
knowledge, he did not disclose it to the proper authorities.
Proposal to commit treason – a person has decided to What is the liability of X?
commit treason and proposes its execution to other person
A: X is liable for misprision of treason – is
or persons.
committed by any person who owes permanent
➢ The moment that other person whom the proposal was allegiance to the Philippine Government who fails to
given, raise to the commission of crime, we no longer disclose of knowledge to commit treason as soon as
have proposal, but we have Conspiracy to commit possible to the proper authorities. In the problem, C,
treason. despite having knowledge of the conspiracy to commit
➢ Separate and distinct from treason treason among A, B, and C did not divulge it, did not
➢ Two-witness rule does not apply disclose it to the proper authorities, therefore, X is
liable for misprision of treason.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 2|
, CRIMINAL LAW BOOK II 2017
Updated by: Dinty
ARTICLE 117 – ESPIONAGE ARTICLE 118 –INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
TWO WAYS OF COMMITTING ESPIONAGE:
ELEMENTS:
I. By entering, without authority therefor, a
warship, fort, or naval or military 1. That the offender performs unlawful or
establishment or reservation to obtain any unauthorized acts by the Philippine government.
information, plans, photographs or other data 2. That the said act provokes or gives occasion for a war
of a confidential nature, relative to the defense involving or liable to involve the Philippines or
of the Philippines exposes Filipino citizens to reprisals on their persons
➢ The offender can be any person. He can be a and property while they are in a foreign country.
Filipino citizen or a foreigner, or he can be a 3. He is not legally authorized to do so.
public officer or employee or a private
Inciting to war connotes that there is yet no war. It is
individual.
committed in times of peace.
When will the crime of espionage arise?
➢ Under the first mode, the crime of espionage Case of CAPTAIN MENDOZA
will arise moment the offender enters the
Hostage drama in Luneta. There were Hong Kong
warship, fort or naval or military
citizens who boarded the bus and here comes Captain
establishment or reservation, without
Mendoza who was no longer a member of the military,
authority if his intention is to obtain any
he entered the bus, with different weapons and
information, plans, photographs or other data
grenades and even killed some Hong Kong citizens.
of a confidential nature, relative to the
Captain Mendoza performed unlawful and
defense of the Philippines.
unauthorized acts which exposed overseas Filipino
➢ It is not necessary that for the crime to arise
workers in Hong Kong and China to reprisals on their
that he is successful in obtaining the data. It is
persons or property. In fact, there was news at that
not necessary that he indeed obtained the
time that Hong Kong or China would be engaging in
data. The mere act of entering without
war with the Philippines. Hence, one of the crimes that
authority is sufficient if his intention is to
may be held against Captain Mendoza is inciting to war
obtain the data of confidential manner
or giving motives for reprisals.
relative to the defense of the Philippines. The
law presumes that the moment he enters ARTICLE 119 – VIOLATION OF NEUTRALITY
without authority, his purpose is to obtain
ELEMENTS:
confidential information. He may, however,
rebut this presumption. 1. The crime is committed when there is a war but the
II. By disclosing to the representative of a foreign Philippines is not involved in the said war and;
nation the contents of the articles, data or 2. The competent authority issued a regulation for the
information referred to in paragraph No. 1 of purpose of enforcing neutrality among Filipino
art. 117, which he had in his possession by citizens and ;
reason of the public office he holds. 3. The offender violates such regulation imposed.
➢ This mode of committing espionage can only
be committed by a public officer who has been ◼ Here, there is war but the Philippines is not involved in
trusted, by reason of his public position, of the said war.
articles, data of confidential nature relative to
Q: There is a war between country X and country Y. Here
the defense of the Philippines.
comes Pedro, a Filipino citizen, he was siding with country
➢ The crime of espionage will arise the moment
X. Is he liable?
the offender divulges or discloses the data and
information to a representative of a foreign A: No, he is not liable of violation of neutrality
nation. because in the problem, it did not say that the
➢ So even if he is in possession of the same, but competent authority (the President) issued a
he does not divulge it to any representative of proclamation or regulation imposing neutrality.
a foreign nation, the crime will not arise.
◼ The violation will only arise if there is a proclamation
or regulation imposing neutrality and a Filipino citizen
◼ Espionage can be committed in BOTH times of peace
violates such declaration or regulation issued by a
and in times of war.
competent authority. Therefore, absence of such
declaration of neutrality, the crime of violation of
neutrality does not arise.
DIZON | MANALO | NAVAREZ | SHYU | TUBIO (1-B 2012-2013) 3|
