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TITLE ONECrimes Against NationalSecurity

Art. 114 Treason Elements: CWO-la

1. Offender is a Filipino citizen or resident alien2. There is a war in which the Philippines is involved

3. Offender either -

a) levies war against the government, or b) adheres to her enemies, giving them aid and comfort

Art. 115 Conspiracy and proposal Elements:

to commit treason 1. There is a war in which the Philippines is involved

2. At least 2 persons come to an agreement to

a) levy war against the government b) adhere to the enemies by giving them aid or comfort

3. The decide to commit it

Art. 116 Misprision of treason Elements:

1. Offender owes allegiance to the Government, andis not a

foreigner2. He has knowledge of conspiracy to committreason against

the Government3. He conceals or does not disclose and make knownthe sameas soon as possible to the governor or fiscal of the

province,

or the mayor or fiscal of the city in which he resides.

Art. 117 Espionage Acts punished and their respective elements:1. Entering, without authority therefor, a warship,fort

data of a confidential nature relative to the defense

of the Philippines

a. Offender enters any of the places mentioned

b. He has no authority thereof

c. His purpose is to obtain any information

2. Disclosing to the representative of a foreign nationthe contents

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of the articles, data, or information referred to in paragraph1 of Art 117 of possession by reason of the publicoffice he holds

a. He is a public officerb. He has in his possession the articles, data, orinformation referredto in paragraph 1 of Art 117, by reason of the publicoffice he holds.c. He discloses their contents to a representative of aforeign nation

Art. 118 Inciting to war or giving Elements:

motives for reprisals 1. Offender performs unlawful or unauthorized acts

2. The acts provoke or give occasion for

a) war involving or liable to involve the Philippines

b) exposure of Filipino citizens to reprisals on their persons or

property.

Art. 119 Violation of neutrality Elements:

1. There is a war in which the Philippines is notinvolved2. There is a regulation issued by a competentauthority to enforce

neutrality

3. Offender violated the regulation

Art. 120Correspondence with Elements:

hostile country 1. It is in time of war in which the Philippines ininvolved2. Offender makes correspondence with an enemycountry or

territory occupied by enemy troops

3. The correspondence is either -

a) prohibited by the Government

b) carried on in ciphers or conventional signsc) containing notice or information which might beused to the

enemy

Art. 121 Flight toenemy's country Elements:

1. There is a war in which the Philippines is involved

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2. Offender must be owing allegiance to theGovernment

3. Offender attempts to flee or go to enemy country4. Going to the enemy country is prohibited bycompetent authority

Art. 122 Piracy ingeneral and Elements of piracy:mutiny on the highseas or in 1. The vessel is on high seas or Philippine waters

Philippine waters2. Offenders are neither members of its complementnor passengers

of the vessel

3. Offender either -a) attack or seize a vessel on the high seas or inPhilippine watersb) seize in the vessel while on the high seas or in

Philippine watersthe whole or part of the cargo of said vessel, itsequipment, or

personal belongings of its complement or passengers.

4. There is intent to gain

Elements of mutiny:

1. The vessel is on high seas or Philippine waters2. Offenders are members of its complement orpassengers of

the vessel3. Offender either -a)attack or seize on the high seas or in Philippinewatersb) seize in the vessel while on the high seas or inPhilippine watersthe whole or part of the cargo of said vessel, itsequipment, or

personal belongings of its complement or passengers.

Art. 123 Qualified

piracy 1. The vessel is on the high seas or Philippine waters.2. Offenders may or may not be members of itscomplement, or

passengers of the vessel

3. Offenders either -

a) attack or seize the vesselb) seize the whole or part of the cargo, itsequipment, or in personal

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belongings of the crew or passengers.4. The preceding were committed under any of the ff circumstances:a) whenever they have seized a vessel by boardingor firing upon

the sameb) whenever the pirates have abandoned their victims without

means of saving themselvesc) whenever the rime is accompanied by murder,homicide,

physical injuries, or rape.

TITLE TWOCrimes against Fundamental

Laws of the State

Art. 124 Arbitrary Detention Elements:

1. Offender is a public officer or employee

2. Offender detains a person

3. The detention is without legal grounds

Art. 125 Delay in thedelivery of Elements:detained persons tothe proper 1. Offender is a public officer or employee

judicial authorities 2. He detains a persons for some legal ground3. He fails to deliver such person to the proper

judicial authorities

within the period of -a) 12 hrs, for crimes or offenses punishable by lightpenaltiesb) 18 hrs, for those punishable by correctionalpenaltiesc) 36 hrs, for those punishable by afflictive or capitalpenalties

Art.126 Delayingrelease Elements:

1. Offenser is a public officer or employee2. There is a judicial or executive order for therelease of aprisoner or detention prisoner, or that there is aproceedingpetition upon a petition for the liberation of suchperson

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3. Offender without good reason delays -a) the performance of any judicial and executiveorder for the

release of a prisoner or detention prisonerb) the service of the notice of such order to saidprisonerc) The proceedings upon any petition for theliberation of such

person

Art. 127 Expulsion Elements:

1. Offender is a public officer or employee

2. He either -

a) expels any person from the Philippines; or

b) compels such person to change his residence

3. Offender is not authorized to do so under law.

Art. 128 Violation of domicile Acts punished:

1. Entering any dwelling against the will of the ownerthereof;2. Searching papers or other effects found thereinwithout

the previous consent of such owner; or3. Refusing to leave the premises, after havingsurreptitiouslyentered said dwelling, and after having beenrequired to leave

the same.

Common elements:

1. Offender is a public officer or employee2. He is not authorized by judicial order to enter thedwelling or to

make a search therein for papers or other efforts.

Art. 129 Searchwarrants Acts punished and their respective elements:maliciously obtained,

and abuse 1. Procuring a search warrant without just causein the service of thoselegally a) Offender is a public officer or employee

obtained. b) He procures a search warrant

c) There is no just cause2. Exceeding authority or using unnecessary severityin

executing a search warrant legally procured.

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a) Offender is a public officer or employee

b) He has legally procured a search warrantc) He exceeds his authority or uses unnecessaryseverity in executing

the same

Art. 130 Searchingdomicile without Elements:

witnesses 1. Offender is a public officer or employee2. He is armed with a search warrant legallyprocured3. He searches the domicile, papers or otherbelongings of any

person4. The owner, or any member of his family, or twowitnesses residing

in the same locality are not present

Art. 131 Prohibition,interruption, Elements:and dissolution of

peaceful 1. Offender is a public officer or employee

meetings 2. He performs any of the following acts:a) prohibiting or interrupting, without legal ground,the holding of

a peaceful meeting, or by dissolving the sameb) hindering any person from joining any lawfulassociation or from

attending any of its meetings.; orc) prohibiting or hindering any person fromaddressing, either alone or together with others, any petition tothe authoritiesfor the correction of abuses and redress of grievances.

Art. 132 Interruption of religious Elements:

worship 1. Offender is a public officer or employee2. Religious ceremonies or manifestations of any

religion are about

to take place or are going on;

3. Offender prevents or disturbs the same

Art. 133 Offending thereligious Elements:

feelings1. Acts complained of were performed in a placedevoted to

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religious worship, or during the celebration of anyreligious

ceremony2. The acts must be notoriously offensive to thefeelings of the

faithful

TITLE THREECrimes Against PublicOrder

Art. 134 Rebellion or insurrection Elements:

1. There is a public uprising and taking arms againstthe Government

2. The purpose of the uprising or movement isa) to remove from the allegiance to said Government

or its laws,the territory of the Republic of the Philippines or anypart thereof,

of any body of land, naval or other armed forces, orb) to deprive the Chief Executive or the Legislature,wholly or

partially, of any of their powers or prerogatives

Art. 134-A Coup d'etat Elements:1. Offender is a person or persons belonging to themilitary or police

or holding any public office or employment2. It Is committed by means of a swift attackaccompanied by

violence, intimidation, threat, strategy or stealth3. The attack is directed against the duly constitutedauthoritiesof the RP, or any military camp or installation,communicationnetworks, public utilities or other facilities needed forthe

exercise and continued possession of power4. The purpose of the attack is to seize or diminish

state

power.

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