MODULE: Criminal Law 2

Chapter 1
Introduction

At the end of this chapter the student should be able to:

• Understand a person cannot be convicted of a

crime unless he or she has committed a specific
crime that provides for a penalty.

Under our Criminal Justice System, a person cannot be convicted of a

crime unless he or she has committed a specific crime that provides for a
penalty. This time-honored principle is expressed in the Latin maxim “Nullum
crimen, nulla poena sine lege” (There is no crime if there is no law punishing
it”). Thus, in our jurisdiction, it is a legal requirement that a crime should be
defined and a penalty imposed ONLY by statute.

The requirement that crimes be defined with appropriate definiteness is

an essential element of due process of law. (21 Am Jur 2d, p. 97, citing US v.
Cardiff, 344 W 174, 87 L ed 200, 73 S Ct 189; Conally v. General Const. Co., 269
US 385, 70 L ed 3322, 46 S Ct 126) “The underlying principle is that all are
entitled to be informed as to what the state commands or forbids and no one
should be required, at peril of life, liberty, or property, to speculate as to the
meaning of penal statutes.” (Ibid., pp. 97-98) Verily, no person should be
brought within the terms of criminal statutes who is not clearly within them, nor
should any act be pronounced criminal which is not clearly made so by the
statute. (See US v. Abad Santos, 36 Phil. 243, 246)

Jurisprudence holds that aside from supplying the mens rea (guilty mind)
requirement of the crime, the criminal statute must also provide for the overt
acts that that constitute the crime. (See Valenzuela v. People of the Philippines,

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G.R. No. 160188, June 21, 2007, citing Umil v. Ramos, G.R. No. 81567, October
3, 1991) In Valenzuela v. People of the Philippines, supra, the Supreme Court
further explained that “it is the statutory definition that generally furnishes the
elements of each crime under the Revised Penal Code, while the elements in
turn unravel the particular requisite acts of execution and accompanying
criminal intent.”

Corollary, in all criminal prosecutions, the prosecution bears the burden to

establish the guilt of the accused beyond reasonable doubt. In discharging this
burden, the prosecution’s duty is to prove each and every element of the crime
charged in the information to warrant a finding of guilt for that crime or for any
other crime necessarily included therein. (Patula v. People of the Philippines,
G.R. No. 164457, April 11, 2012, citing People v. Esmale, G.R. No. 102981-82,
April 21, 1995, 243 SCRA 578)

Stated otherwise, to establish the guilt of the accused, all the elements of
the crime charged must be proved beyond reasonable doubt by the prosecution.
Hence, even if only one element of the crime is lacking or is not proved, the
accused cannot be pronounced guilty thereof.

From the foregoing, it is clearly an imperative for the Criminology

students (the country’s future Criminologist and Law Enforcers) to know – or to
have a working knowledge of – the elements of each crime penalized under our
Revised Penal Code (RPC). (It should be noted that since the aim of this work is
to expose Criminology students to some specific crimes punishable under the
RPC, not all the felonies mentioned in the RPC Book II are discussed in the
succeeding pages.)

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their
Elements
Atty. Victor T. Tulalian

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MODULE: Criminal Law 2

Chapter II
Crimes Against National
Security and the Law of Nations

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against national security and the
law of nations.

Treason (Article 114)

For the accused to be convicted of treason, the prosecution is burdened to

prove the confluence of the following elements: (1) That the offender is a
Filipino citizen or resident alien; (2) That there is a war in which the Philippines
is involved; and (3) That the offender either – (a) levies war against the
Government or (b) adheres to her enemies, giving them aid or comfort.

Treason, in its more general sense, is the

violation by a subject of his allegiance to his
sovereign or liege lord, or the supreme
authority of the State. (See US v. Abad, 1 Phil.
440)

Treason is a war crime. It cannot be committed in time of peace; it is

punished by the State as a measure of self-defense and self-preservation.
(Laurel v. Misa, 77 Phil. 865)

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The two modes of committing treason are: (1) By levying war against the
Government; (2) By adhering to the enemies of the Philippines, giving them aid
or comfort.

Ways of proving treason: (1) Testimony of two witnesses, at least, to the

same overt act (“The two-witness rule”); or (2) Confession of the accused in
open court.

Conspiracy and Proposal to Commit Treason (Article 115)

The elements of conspiracy to commit treason are: (1) That there is war
in which the Philippines is involved; (2) That at least two persons come to an
agreement to – (a) levy war against the Government or (b) adhere to the
enemies, giving them aid or comfort; (3) That they decide to commit it.

While the elements of proposal to commit treason are: (1) That there is
war in which the Philippines is involved; (2) That at least one person decides to
– (a) levy war against the Government or (b) adhere to the enemies, giving them
aid or comfort; (3) That he proposes its execution to some other persons.

Under Article 115, mere conspiracy to commit

treason is a felony. Mere proposal to commit
treason is also a felony. (Reason: In treason,
the very existence of the state is
endangered)

The two-witness rule does not apply to these crimes. (US v. Bautista, 6
Phil. 581)

Misprision of Treason (Article 116)

The elements of Misprision of Treason are thus: (1) That the offender
owes allegiance to the Government, and is not a foreigner; (2) That he has
knowledge of conspiracy to commit treason against the Government; (3) That
he conceals or does not disclose and make known the same as soon as possible

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MODULE: Criminal Law 2
to the governor or fiscal of the province, or the mayor or fiscal of the city in
which he resides.

Misprision of Treason cannot be committed

by a resident alien. And the offender is a
“principal” in the crime of Misprision of
Treason.

Espionage (Article 117)

The acts punished under Article 117 and their respective elements are as
follows:

1) Entering, without authority therefor, a warship, fort, or naval or military

establishment or reservation to obtain any information, plans,
photographs, or other data of a confidential nature relative to the defense
of the Philippines:
a) That the offender enters any of the places mentioned;
b) That he has no authority therefor;
c) That his purpose is to obtain any information, plans, photographs, or
other data of a confidential nature relative to the defense of the
Philippines.
2) Disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in paragraph 1 of Article 117,
which he has in possession by reason of the public office he holds:
a) That the offender is a public officer;
b) That he has in his possession the articles, data, or information
referred to in paragraph 1 of Article 117, by reason of the public
office he holds;
c) That he discloses their contents to a representative of the foreign
nation.

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It is the offense of gathering, transmitting,
or losing information respecting the
national defense with intent or reason to
believe that the information is to be used to
the injury of the Republic of the Philippines
or to the advantage of any foreign nation.
(See Section 1 and other sections of
Commonwealth Act No. 616)

Espionage may be committed both in time of peace and in time of war.

Inciting to War or Giving Motives for Reprisals (Article 118)

The elements of the crime are: (1) That the offender performs unlawful or
unauthorized acts; (2) That the acts provoke or give occasion for – (a) a war
involving or liable to involve the Philippines; or (b) exposure of Filipino citizens
to reprisals on their persons or property.

Violation of Neutrality (Article 119)

The elements of this crime are: (1) That there is a war in which the
Philippines is not involved; (2) That there is a regulation issued by a competent
authority to enforce neutrality; (3) That the offender violates the regulation.

Correspondence with Hostile Country (Article 120)

The elements of the crime are: (1) That it is in time of war in which the
Philippines is involved; (2) That the offender makes correspondence with an
enemy country or territory occupied by enemy troops; (3) That the
correspondence is either – (a) prohibited by the Government; (b) carried on in
ciphers or conventional signs; or (c) containing notice or information which
might be used to the enemy.

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Flight to Enemy’s Country (Article 121)

The elements of flight to enemy’s country are: (1) That there is a war in
which the Philippines is involved; (2) That the offender must be owing allegiance
to the Government; (3) That the offender attempts to flee or go to an enemy
country; (4) That going to the enemy country is prohibited by competent
authority.

An alien resident may be guilty of flight to

enemy’s country. Mere attempt to flee or go
to enemy’s country, when prohibited by
competent authority, consummates the
crime.

Piracy (Article 122)

The elements of piracy are: (1) That the vessel is on high seas or
Philippine waters; (2) That the offenders are neither members of its complement
nor passengers of the vessels; (3) That the offenders either – (a) attack or seize
a vessel on the high seas or in Philippine waters; (b) seize in the vessel while on
the high seas or in Philippine waters the whole or part of the cargo of said
vessel, its equipment, or personal belongings of its complement or passengers;
(4) That there is intent to gain.

It is robbery or forcible depredation on the

high seas, without lawful authority and done
with animo furandi (intent to steal) and in
the spirit and intention of universal
hostility. (People v. Lol-lo, 43 Phil. 19 [1922])

The crime of piracy is an exception to the rule on territoriality in criminal

law. It is reprehensible crime against the whole world. (See People v. Tulin, G.R.
111709, August 30, 2001)

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Mutiny (Article 122)

On the other hand, the elements of mutiny are: (1) That the vessel is on
high seas or Philippine waters; (2) That the offenders are members of its
complement or passengers of the vessel; (3) That the offenders either – (a)
attack or seize a vessel while on the high seas or in Philippine waters (b) seize
in the vessel while on the high seas or in Philippine waters the whole or part of
the cargo of said vessel, its equipment, or personal belongings of its complement
or passengers.

Qualified Piracy (Article 123)

The elements of qualified piracy under Article 123 are: (1) That the vessel
is on the high seas or Philippine waters; (2) That the offenders may or may not
be members of its compliment, or passengers of the vessel; (3) That the
offenders either – (a) attack or seize the vessel; or (b) seize the whole or part of
the cargo, its equipment, or in personal belongings of the crew or passengers;
(4) That the preceding were committed under any of the following
circumstances:

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
savings themselves; or
c) Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape. (As amended by R.A. No. &659)

Piracy in general and mutiny on the high

seas or in Philippine waters are now
considered as acts of terrorism under R.A.
No. 9372, also known as the “Human Security
Act of 2007.”)

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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MODULE: Criminal Law: Book II

Chapter III
Crimes Against the
Fundamental Law of the State

At the end of this chapter the student should be able to:

Arbitrary Detention (Article 124)
• Understand the Specific crimes and their elements
• Recognize crimes against the fundamental Law of
the State.

Under Article 124 of the Revised Penal Code, Arbitrary detention is

committed when the following elements of the crime are present: (1) That the
offender is a public officer or employee; (2) That the offender detains a person;
(3) That the detention is without legal grounds.

There can be no arbitrary detention without

confinement or restraint of person. A public
functionary who, except by reason of a crime,
detains a person without authority of law or
general regulations in force in the Philippines,
is guilty of arbitrary detention (US v. Braganza,
et al., 10 Phil. 79).

Arbitrary detention is committed by a public officer or employee while

illegal detention is committed by a private person.

The legal grounds for detention of any person are: (1) The commission of
a crime (2) Violent insanity or other ailment requiring the compulsory
confinement of a patient in a hospital.

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Delay in the Delivery of Detained Persons to the Proper Judicial Authorities

(Article 125)

The elements of the crime are thus: (1) That the offender is a public
officer or employee; (2) That he detains a person for some legal ground; (3)
That he fails to deliver such person to the proper judicial authorities within the
period of – (a) twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; (b) eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent; and (c) thirty-six (36)
hours, for crimes or offenses punishable by afflictive or capital penalties, or
their equivalent.

Judicial Authorities refer to the Supreme Court

and such inferior courts as may be established
by la. A fiscal or private prosecutor is not
considered a judicial authority under Article
125. (See Gayo v. Chief of Police, 80 Phil. 859)

Expulsion (Article 127)

The elements of expulsion are: (1) That the offender is a public officer or
employee; (2) That he either – (a) expels any person from the Philippines or (b)
compels such person to change his residence; (3) That the offender is not
authorized to do so under law.

Violation of Domicile (Article 128)

Acts punished under Article 128 are: (1) Entering any dwelling against the
will of the owner thereof; (2) Searching papers or other effects found therein
without the previous consent of such owner; or (3) Refusing to leave the
premises, after having been required to leave the same.

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The common elements of the foregoing acts are: (1) That the offender is a
public officer or employee; (2) That he is not authorized by judicial order to
enter the dwelling or to make a search therein for papers or other effects.

Search Warrants Maliciously Obtained and Abuse in the Service of those Legally
Obtained (Article 129)
The acts punished under Article 129 and their respective elements are:
1. Procuring a search warrant without just cause: (a) That the offender is a
public officer or employee; (b) That he procures a search warrant; (c)
That there is no just cause.
2. Exceeding authority or using unnecessary severity in executing a search
warrant legally procured: (a) That the offender is a public officer or
employee; (b) That he has legally procured a search warrant; (c) That he
exceeds his authority or uses unnecessary severity in executing the same.

Searching Domicile without Witnesses (Article 130)

The elements of this crime are as follows: (1) That the offender is a public
officer or employee; (2) That he is armed with a search warrant legally
procured; (3) That he searches the domicile, papers or other belongings of any
person; (4) That the owner, or any member of his family, or two witnesses
residing in the same locality are not present.

Prohibition, Interruption, and Dissolution of Peaceful meetings (Article 131)

The elements of the crime are: (1) That the offender is a public officer or
employee; (2) That he performs any of the following acts – (a) prohibiting or
interrupting, without legal ground, the holding of a peaceful meeting, or by
dissolving the same; (b) hindering any person from joining any lawful association
or from attending any of its meetings; (c) prohibiting or hindering any person
from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances.

Interruption of Religious Worship (Article 132)

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Its elements are: (1) That the offender is a public officer or employee; (2)
That religious ceremonies or manifestations of any religion are about to take or
are going on; (3) That the offender prevents or disturbs the same.

Offending the Religious Feelings (Article 133)

The elements of the crime are as follows: (1) That the acts complained of
were performed in a placed devoted to religious worship, or during the
celebration of any religious ceremony; (2) That the acts be notoriously offensive
to the feelings of the faithful.

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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MODULE: Criminal Law: Book II

Chapter IV
Crimes Against
Public Order

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against public order.

Rebellion or Insurrection (Article 134)

The elements of the crime of rebellion or insurrection, as defined in

Article 134 of the Revised Penal Code are: (1) That there is a public uprising
and taking arms against the Government; (2) That the purpose of uprising or
movement is – (a) to remove from allegiance to said Government or its laws, the
territory of the Republic of the Philippines or any part thereof, of any body of
land, naval or other armed forces, or (b) to deprive the Chief Executive or the
Legislature, wholly or partially, of any of their powers or prerogatives.

Offenses which were not committed in

furtherance of the rebellion, but for
personal reasons or other motives, are to
be punished separately even if committed
simultaneously with the rebellious acts.
(People v. Oliva, G.R. No. 106826, January 18,
2001, 341 SCRA 78)

Rebellion or Insurrection is now considered as Act of Terrorism under

R.A. No. 9372.

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Coup d’etat (Article 134-A)

The elements of the crime are: (1) That the offender is a person or
persons belonging to the military or police or holding any public office or
employment; (2) That it is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth; (3) That the attack is directed
against the duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of power; (4) That
the purpose of the attack is to seize or diminish state power.

Coup d’etat is now considered as an act of terrorism under R.A. No. 9372.

Conspiracy and Proposal to commit Coup d’etat, Rebellion or Insurrection

(Article 136)

The elements of the crime of conspiracy to commit coup d’etat, Rebellion

or Insurrection are: (1) That two or more persons come to an agreement to
swiftly attack or to rise publicly and take arms against the Government for any
of the purposes of rebellion or insurrection; (2) That they decide to commit it.

On the other hand, the crime of proposal to commit coup d’etat, rebellion
or insurrection has the following elements: (1) That a person has decided to
swiftly attack or to rise publicly and take arms against the Government for any
of the purposes of rebellion or insurrection; (2) That such person proposes its
execution to some other person or persons.

Sedition (Article 139)

The elements of sedition are: (1) That the offenders rise publicly and
tumultuously; (2) That the offenders employ force, intimidation, or by other
means outside of legal methods; (3) That the purpose is to attain any of the
following objects – (a) to prevent the promulgation or execution of any law or
the holding of any popular election; (b) to prevent the National Government, or
any Provincial or Municipal Government, or any public officer thereof from
freely exercising its or his functions, or prevent the execution of any

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administrative order; (c) to inflict any act of hate or revenge upon the person or
property of any public officer of employee; (d) to commit, for any political or
social end, any person, municipality or province, or the National Government of
all its property or any part thereof.

Conspiracy to commit Sedition (Article 141)

The elements of the crime are: (1) Two or more persons come to an
agreement and a decision to rise publicly and tumultuously attain any of the
objects of sedition; (2) That they decide to commit it.

Inciting to Sedition (Article 142)

The acts punished under Article 142 are:

1. Inciting others to the accomplishment of any of the acts which constitute
sedition, by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end;
2. Uttering seditious words or speeches which tend to disturb the public
peace;
3. Writing, publishing, or circulating scurrilous libels against the Government,
or any of the duly constituted authorities thereof, or which tend to disturb
or obstruct any lawful officer in executing the functions of his office, or
which tend to instigate others to cabal and meet together for unlawful
purposes, or which suggest or incite rebellious conspiracies or riots, or
which lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the
Government, or who shall knowingly conceal such evil practices.
Common element of the foregoing acts are: (1) That the offender
does not take direct part in the crime of sedition; (2) That he incites
others to the accomplishments of any of the acts which constitutes
sedition; (3) That inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations.

Direct Assaults (Article 148)

The acts punished under Article148 and their respective elements are:

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1. Without a public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes of
rebellion and sedition: (a) That the offender employs force or intimidation;
(b) That the aim of the offender is to attain in any of the purposes of the
crime of rebellion or any of the objects of the crime of sedition; (c) That
there is no public uprising.
2. Without a public uprising, by attacking, by employing force, or by
seriously intimidating or resisting any person in authority or any of his
agents, while engaged in the performance of official duties, or on occasion
of such performance: (a) That the offender makes an attack, employs
force, makes a serious intimidation, or makes a serious resistance; (b)
That the person assaulted is a person in authority or his agent; (c) That at
the time of the assault, the person in authority or his agent is engaged in
the actual performance of official duties; (d) That the offender knows that
the one he is assaulting is a person in authority or his agent in the
exercise of his duties; (e) That there is no public uprising.

There may be assault even if both offended

party and the offender are public officers
(See US v. Vallejo, 11 Phil. 193)

Indirect Assaults (Article 149)

The elements of indirect assaults are: (1) That the person in authority or
his agent is a victim of any of the forms of direct assault defined in Article 148;
(2) That a person comes to the aid of such authority or his agent; (3) That the
offender make use of force or intimidation upon such person coming to the aid of
the authority or his agent.

Delivering Prisoners from Jails (Article 156)

The elements of this crime are as follows: (1) That there is a person
confined in a jail or penal establishment; (2) That the offender removes
therefrom such person, or helps the escape of such person.

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Evasion of Service of Sentence (Article 157)

The elements of the crime of Evasion of Service of Sentence are thus: (1)
That the offender is a convict by final judgment; (2) That he “is serving his
sentence which consists in deprivation of liberty”; and (3) That he evades
service of sentence by escaping during the term of his sentence.

By the express terms of the statute, a

convict evades “service of his sentence” by
“escaping judgment.” Indeed, evasion of
sentence is but another expression of the
term “jail breaking” (Pangan v. Gatbalite,
et al., G.R. 141718, Jan. 21, 2005)

If the penalty is destierro, Article 157 may be applied because destierro

involves partial deprivation of liberty. (See People v. Alilong, 82 Phil. 174)

Quasi-Recidivism (Article 160)

Its elements are: (1) That the offender was already convicted by final
judgment of one offense; (2) That he committed a new felony before beginning
to serve such sentence or while serving the same.

Quasi-recidivism is a special aggravating

circumstances where a person, after
having been convicted by final judgment,
shall commit a new felony before beginning
to service the same, which requires
imposition of punishment by maximum
period of the penalty prescribed by law for
the new felony. (See People v. Kintuan, 156
SCRA 195)

It is an aggravating circumstance which cannot be offset by any Mitigating

Circumstances. (See People v Perte, 58 O.G. 8688)

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Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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