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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.