CRIMINAL LAW

Breach of allegiance to the government by a person who owes allegiance to it.

Evident premeditation, superior strength, and treachery.

Only in times of war - actual hostilities, without the need for a declaration of war.

Anywhere in the world.

Yes.

Only in the Philippines.

Giving aid or comfort.

Unlawful or unauthorized acts that provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property.

1. The vessel is on the high seas or Philippine waters; 2) Offenders are either members of its complement, or passengers of the vessel; 3) Offenders either attack or seize the vessel; or seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers.

When a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his country’s policy.

a. Offender makes correspondence with an enemy country or territory occupied by enemy troops. b. The correspondence is prohibited by the government, carried on in ciphers or conventional signs, or containing notice or information useful to the enemy. c. Circumstances qualifying the offense include notice or information useful to the enemy and the offender's intention to aid the enemy.

In time of peace, and the intent is immaterial.

Unlawful resistance to a superior officer, or the raising of commotions and disturbances aboard a ship against the authority of its commander.

When there is a war in which the Philippines is not involved, and the offender violates the regulation issued by a competent authority for the purpose of enforcing neutrality.

Treason, Conspiracy and proposal to commit treason, Misprision of treason, and Espionage.

a. Whenever they have seized a vessel by boarding or firing upon the same b. Whenever the pirates have abandoned their victims without means of saving themselves c. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

By one witness, from the nature of the act itself, or from the circumstances surrounding the act.

Jurisdiction is with any court where offenders are found or arrested.

A competent authority like the President of the Philippines or the Chief of Staff of the Armed Forces of the Philippines.

Reclusion perpetua to death. If any of the circumstances enumerated under the law is proven or established, the mandatory penalty of death should be imposed.

Even if the criminal act or acts were committed outside the Philippine territorial jurisdiction, but the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty.

Hostile country exists only during hostilities or after the declaration of war.

In time of war in which the Philippines is involved.

Illegality of detention.

a. That the offender enters any of the places mentioned therein. b. That he has no authority therefore; c. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.

5 days.

Piracy involves attack from outside by offenders who are strangers to the vessel, while mutiny involves attack from the inside by offenders who are not strangers to the vessel.

Within a reasonable time.

Arbitrary detention, Delay in the delivery of detained persons to the proper judicial authorities, Delaying release, Expulsion, Violation of domicile, Search warrants maliciously obtained and abuse in the service of those legally obtained, Searching domicile without witnesses, Prohibition, interruption, and dissolution of peaceful meetings, Interruption of religious worship, and Offending the religious feelings.

1. Usurping or seizing control of an aircraft of Philippine registry in flight, compelling the pilots to change course. 2) Usurping or seizing control of an aircraft of foreign registry within Philippine territory, compelling the pilots to land. 3) Carrying flammable, corrosive, explosive, or poisonous substances on a public utility passenger aircraft. 4) Loading flammable, corrosive, explosive, or poisonous substances on a cargo aircraft not in accordance with regulations.

In treason, the purpose is to deliver the government to the enemy country or a foreign power, while in rebellion, the purpose is to substitute the government with their own form of government.

Piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel, irrespective of venue. If a passenger or complement of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy.

The offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation.

The principal offender must be a public officer.

The offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code.

The law does not require the aircraft to be in flight before it can apply, as foreign aircraft are considered in transit while in foreign countries.

The distinction is whether the aircraft is a passenger aircraft or a cargo aircraft. The law applies only to public utility aircraft in the Philippines.

Treason as a crime should be established by the two-witness rule, but the same is not observed when the crime committed is conspiracy to commit treason or when it is only a proposal to commit treason.

The offender shall be prosecuted not only for violation of Republic Act No. 6235, but also for the crime of physical injuries or damage to property, as the case may be, under the Revised Penal Code.

a. The offender must be owing allegiance to the government, and not a foreigner b. He has knowledge of any conspiracy (to commit treason) against the government c. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.

Delivery of detained person.

Jurisdiction is only with Philippine courts.

Aircraft piracy.

Yes, it is a continuing crime and can be prosecuted even after the war.

Actual assembling of men, to execute a treasonable design by force, intent to deliver the country in whole or in part to the enemy, and collaboration with a foreign enemy or some foreign sovereign.

Yes, the offender will be liable for only one crime of treason.

By 2 witnesses testifying to the same overt act, which must refer to the same act, place, and moment of time.

Duress or uncontrollable fear of immediate death, and lawful obedience to a de facto government.

In arbitrary detention, the offender is a public officer possessed with authority to make arrests. In unlawful arrest, the offender may be any person.

Arbitrary Detention is illegal from the beginning, while Delay in Delivery of Detained is legal in the beginning, but illegality starts from the expiration of specified periods without the persons detained being delivered to the proper judicial authority.

Grave coercion or grave threat, depending upon whether or not any serious offense violence was inflicted upon the pilot.

Whether the aircraft is of Philippine registry or foreign registry.

In treason, the offender repudiates his allegiance to the government by means of force or intimidation, while in sedition, the offender seeks to disturb public peace by raising a commotion or public uprising.

The detention becomes arbitrary when the period thereof exceeds 12, 18, or 36 hours, depending on the type of crime punished.

a. By detaining a person without legal ground b. Delay in the delivery of detained persons to the proper judicial authorities c. Delaying release

a. Crime is about to be, is being, has been committed in the officer's presence. b. Officer must have probable cause to believe based on personal knowledge of facts and circumstances that the person probably committed the crime.

From the moment all exterior doors are closed following embarkation until the same doors are opened for disembarkation.

1. Detention not exceeding three days; 2. Detention for more than three days but not more than 15 days; 3. Detention for more than 15 days but not more than 6 months; 4. Detention for more than 6 months.

The crime of hi-jacking, governed by the anti hi-jacking law.

In arbitrary detention, the principal offender must be a public officer. Civilians cannot commit the crime of arbitrary detention except when they conspire with a public officer committing this crime, or become an accomplice or accessory to the crime committed by the public officer. In illegal detention, the principal offender is a private person. But a public officer can commit the crime of illegal detention when he is acting in a private capacity or beyond the scope of his official duty, or when he becomes an accomplice or accessory to the crime committed by a private person.

Only those public officers whose official duties carry with it the authority to make an arrest and detain persons.

The offender is punished as an accessory to the crime of treason.

The criminal liability arises if the treasonous activity was still at the conspiratorial stage.

Giving information, commandeering foodstuffs, serving as a spy, and supplying the enemy with war materials.

a. Offender owes allegiance to the Government of the Philippines, b. There is a war in which the Philippines is involved, c. The offender either levies war against the government or adheres to the enemies, giving them aid and comfort.

Notice or information that might be useful to the enemy and the offender's intention to aid the enemy.

Any waters on the sea coast which are without the boundaries of the low water mark, although such waters may be in the jurisdictional limits of a foreign government.

a. There is a war in which the Philippines is involved. b. The offender (Filipino or resident alien) owes allegiance to the government. c. The offender attempts to flee or go to the enemy country. d. Going to the enemy country is prohibited by competent authority.

There must be an actual restraint of liberty of the offended party.

a. By attacking or seizing a vessel on the high seas or in the Philippine waters. b. By seizing the whole or part of the cargo of said vehicles, its equipment, or personal belongings of its complement or passengers.

Intent to gain.

a. That the offender is a public officer. b. That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds. c. That he discloses their contents to a representative of a foreign nation.

Public officers, except for the last crime - offending the religious feelings under Article 133, which refers to any person.

a. The offender is a public officer or employee; b. He has detained a person for some legal grounds; c. He fails to deliver such person to the proper judicial authority within specific timeframes depending on the type of crime/offense.

a. Offender is a public officer or employee, b. There is a judicial or executive order for the release of a prisoner or detention prisoner, or a proceeding upon a petition for the liberation of such person, c. The offender without good reason delays the service of the notice of such order to the prisoner, or the performance of such judicial or executive order for the release of the prisoner, or the proceedings upon a petition for the release of such person.

If the aircraft were of foreign registry, the act would already be subject to the anti hi-jacking law because there is no requirement for foreign aircraft to be in flight before such law would apply.

a. In time of war b. A person who 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/s.

In time of war.

The arresting officer will have to comply with Article 125 and file the case immediately in court without preliminary investigation.

a. The offender is a public officer or employee b. He detains a person c. The detention was without legal grounds

1. Unlawfully obtaining or permitting to be obtained information affecting national defense; 2. Unlawful disclosing of information affecting national defense; 3. Disloyal acts or words in times of peace; 4. Disloyal acts or words in times of war; 5. Conspiracy to violate preceding sections; 6. Harboring or concealing violators of law; 7. Photographing vital military information.

When a person is placed in confinement or there is a restraint on his person.

Misprision of treason is a crime that may be committed only by citizens of the Philippines.

Violation of the anti hi-jacking law, but the penalty shall be higher because a passenger or complement of the aircraft had been killed.

No, the law will not apply because the aircraft is not yet in flight and is of Philippine registry.

Arbitrary detention can be committed through simple imprudence or negligence.

Y was killed by an unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the officers that he did it although he was not asked. X was detained immediately. According to the SC, there was NO arbitrary detention because once X made a confession, the officers had a right to arrest him.

The significance of reporting within a reasonable time depends on time, place, and circumstance, and the RPC did not fix time.

Violation of the anti hi-jacking law. The separate crime of grave threat is not committed, and it is considered as a qualifying circumstance that shall serve to increase the penalty.

Yes, private individuals who conspire with public officers can also be liable.

The crime of omission applies if the crime of treason is not yet committed.