PRE-WEEK NOTES
Criminal Law
If the crime of piracy or qualified piracy is committed in Philippine waters, it
Presidential
shall be punished as piracy under PD No. 532 (Anti-Piracy and Anti-Highway
Decree No. 532
Robbery Law of 1974)
Article 124 Article 125
1. Arrest was lawful
1. Arrest was unlawful
2. The penalty is dependent on the
2. The penalty is dependent on the
nature of the crimes committed
period of detention
Arbitrary which have caused the arrest
3. The right of the victim can only be
Detention under 3. The right of the victim to hold the
deemed waived after the
Art. 124 vs. erring official accountable is
arraignment without the accused
Art. 125 waived only by the execution of a
asking for the quashal of the
waiver
Information for lack of jurisdiction
4. The nature of the felony precludes
4. A private person may be held
the participation of a private
liable if he or she conspired with a
person
public official
Article 128 Article 280
Violations of 1. The offender is a public officer or 1. T h e o f f e n d e r i s a p r i v a t e
Domicile (Art. employee individual
128) vs. Qualified 2. A crime against fundamental laws 2. A crime against personal liberty
Trespass to of the State and security
Dwelling (Art. 3. Qualified by nighttime or the 3. Simple trespass to dwelling is
280) delayed return of papers or qualified when the offense is
effects not constituting evidence committed by means of violence
of a crime or intimidation
1. Entering a dwelling against the will of the owner thereof or making search
Violations of without previous consent of the owner
Domicile; how 2. Maliciously obtaining search warrants and committing abuses in the
committed? service of those legally obtained
3. Searching domicile without witnesses
Rebellion and Nature of the Crime: The crime of rebellion or of inciting it is by nature a crime
Coup d’etat of masses, of a multitude. It presupposes a vast movement of men and
(BAR 02-04) complex net of intrigues and plots.
Rebellion Sedition
Rebellion (Art. • Rebellion absorbs all crimes or
134) vs. Sedition offenses occuring during its
• The purpose of sedition are social
(Art. 140) commission
and political
• Continuing crime
• Purpose is always political
Rebellion cannot be complexed with murder and/or any other common
Rebellion crimes. (Principle of Political Absorption - the controlling factor is the political
motive)
The crime of coup d’etat is a political crime because the purpose of the
plotters is to seize or diminish State power. If a crime usually regarded as
Nature of Coup common, like murder, is perpetrated to achieve a political purpose, then said
d’etat common crime is stripped of its common complexion, inasmuch as being part
and parcel of the crime of rebellion, the former acquires the political character
of the latter.
The provision punishes those who shall write, publish or circulate scurrilous
Inciting to
libels against the government or any of the duly constituted authorities thereof
Sedition (Bar
or which suggests or incites rebellious conspiracies or riots or which tend to
2003, 2007,
stir up the people against the lawful authorities or to disturb the peace of the
2012)
community.
First Form of Direct Assault Second Form of Direct Assault
1. The offender
• makes an attack
• employs force
• makes a serious
intimidation
• makes a serious resistance
2. The person assaulted is a person
1. The offender employs force of
in authority or his agent
intimidation
Direct Assault 3. At the time of the assault, the PA
2. The aim of the offender is to
(Bar 2002, 2013) or APA is:
attain any of the purposes of the
• engaged in the actual
crime of rebellion or any objects
performance of official
of the crime of sedition
duties
3. There is NO public uprising
• he is assaulted by reason
of the past performance of
official duties
4. The offender knows that the one
he is assaulting is a PA/APA in the
exercise of his duty
5. There is no public uprising
• Committed by one who makes use of force or intimidation on a person
Indirect Assault who comes to the aid of persons in authority or their agents
(Art. 149) • In order to prove indirect assault, direct assault must also be present and
proven
The provision punishes disobedience or resistance to a PA or APA which acts
are NOT INCLUDED in other provisions punishing assaults to a PA or APA.
Resistance and
Serious Elements:
Disobedience 1. The PA or APA is engaged in the performance of official duty or gives a
(Art. 151) lawful order to the offender
2. The offender resists or seriously disobeys such PA or APA
3. The act of the offender is not included in Articles 148-150.
