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Trupa Title 1 2

The document discusses various crimes against national security and the fundamental laws of the state under Philippine law, including treason, espionage, piracy, arbitrary detention, and violations of domicile and search warrants. It outlines the penalties for these crimes and describes the necessary elements and circumstances.

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Mikhael Gonzales
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0% found this document useful (0 votes)
23 views9 pages

Trupa Title 1 2

The document discusses various crimes against national security and the fundamental laws of the state under Philippine law, including treason, espionage, piracy, arbitrary detention, and violations of domicile and search warrants. It outlines the penalties for these crimes and describes the necessary elements and circumstances.

Uploaded by

Mikhael Gonzales
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Trupa, Rene Boy R.

3-B

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
114. Treason. — Any person who, owing allegiance to (the United
States or) the Government of the Philippine Islands, not being a
foreigner, levies war against them or adheres to their enemies, giving
them aid or co Art mfort within the Philippine Islands or elsewhere,
shall be punished by reclusion temporal to death and shall pay a fine
not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the accused
In open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts
of treason as defined in paragraph 1 of this Article shall be punished by
prision mayor to death and shall pay a fine not to exceed P20,000
pesos. (As amended by E.O. No. 44, May 31, 1945).
Art. 115. Conspiracy and proposal to commit treason; Penalty. — The
conspiracy or proposal to commit the crime of treason shall be
punished respectively, by prision mayor and a fine not exceeding
P10,000 pesos, and prision correccional and a fine not exceeding P5,000
pesos.
Art. 116. Misprision of treason. — Every person owing allegiance to
(the United States) the Government of the Philippine Islands, without
being a foreigner, and having knowledge of any conspiracy against
them, 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, as the case may be, shall be
punished as an accessory to the crime of treason.
Art. 117. Espionage. — The penalty of prision correctional shall be
inflicted upon any person who:
1. Without authority therefor, enters 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 Philippine Archipelago; or
2.Being in possession, by reason of the public office he holds, of the
articles, data, or information referred to in the preceding paragraph,
discloses their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a
public officer or employee.
Section Two. — Provoking war and disloyalty in case of war

Art. 118. Inciting to war or giving motives for reprisals. — The penalty
of reclusion temporal shall be imposed upon any public officer or
employee, and that of prision mayor upon any private individual, who,
by unlawful or unauthorized acts provokes or gives occasion for a war
involving or liable to involve the Philippine Islands or exposes Filipino
citizens to reprisals on their persons or property.

Art. 119. Violation of neutrality. — The penalty of prision correccional


shall be inflicted upon anyone who, on the occasion of a war in which
the Government is not involved, violates any regulation issued by
competent authority for the purpose of enforcing neutrality.
Art. 120. Correspondence with hostile country. — Any person who in
time of war, shall have correspondence with an enemy country or
territory occupied by enemy troops shall be punished:
1.By prision correccional, if the correspondence has been prohibited by
the Government;
2.By prision mayor, if such correspondence be carried on in ciphers or
conventional signs; and
3.By reclusion temporal, if notice or information be given thereby which
might be useful to the enemy. If the offender intended to aid the enemy
by giving such notice or information, he shall suffer the penalty of
reclusion temporal to death.

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall
be inflicted upon any person who, owing allegiance to the Government,
attempts to flee or go to an enemy country when prohibited by
competent authority.

Section Three. — Piracy and mutiny on the high seas

Art. 122. Piracy in general and mutiny on the high seas. — The penalty
of reclusion temporal shall be inflicted upon any person who, on the
high seas, shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo
of said vessel, its equipment, or personal belongings of its complement
or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas.
Art. 123. Qualified piracy. — The penalty of reclusion temporal to
death shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following
circumstances:

1.Whenever they have seized a vessel by boarding or firing upon the


same;
2.Whenever the pirates have abandoned their victims without means of
saving themselves; or
3.Whenever the crime is accompanied by murder, homicide, physical
injuries or rape.

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention. — Any public officer or employee who,


without legal grounds, detains a person, shall suffer;

1.The penalty of arresto mayor in its maximum period to prision


correccional in its minimum period, if the detention has not exceeded
three days;
2.The penalty of prision correccional in its medium and maximum
periods, if the detention has continued more than three but not more
than fifteen days;
3.The penalty of prision mayor, if the detention has continued for more
than fifteen days but not more than six months; and
4.That of reclusion temporal, if the detention shall have exceeded six
months.

The commission of a crime, or violent insanity or any other ailment


requiring the compulsory confinement of the patient in a hospital, shall
be considered legal grounds for the detention of any person.

Art. 125. Delay in the delivery of detained persons to the proper


judicial authorities. — The penalties provided in the next preceding
article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of; twelve
(12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36) hours, for
crimes, or offenses punishable by afflictive or capital penalties, or their
equivalent.

In every case, the person detained shall be informed of the cause of his
detention and shall be allowed upon his request, to communicate and
confer at any time with his attorney or counsel. (As amended by E.O.
Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
Art. 126. Delaying release. — The penalties provided for in Article 124
shall be imposed upon any public officer or employee who delays for
the period of time specified therein the performance of any judicial or
executive order for the release of a prisoner or detention prisoner, or
unduly delays the service of the notice of such order to said prisoner or
the proceedings upon any petition for the liberation of such person.

Art. 127. Expulsion. — The penalty of prision correccional shall be


imposed upon any public officer or employee who, not being thereunto
authorized by law, shall expel any person from the Philippine Islands or
shall compel such person to change his residence.

Section Two. — Violation of domicile

Art. 128. Violation of domicile. — The penalty of prision correccional in


its minimum period shall be imposed upon any public officer or
employee who, not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or
having surreptitiously entered said dwelling, and being required to
leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects


not constituting evidence of a crime be not returned immediately after
the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
Art. 129. Search warrants maliciously obtained and abuse in the
service of those legally obtained. — In addition to the liability attaching
to the offender for the commission of any other offense, the penalty of
arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not exceeding P1,000 pesos shall be
imposed upon any public officer or employee who shall procure a
search warrant without just cause, or, having legally procured the same,
shall exceed his authority or use unnecessary severity in executing the
same.

Art. 130. Searching domicile without witnesses. — The penalty of


arresto mayor in its medium and maximum periods shall be imposed
upon a public officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other belongings of any
person, in the absence of the latter, any member of his family, or in
their default, without the presence of two witnesses residing in the
same locality.
Section Three. — Prohibition, interruption and
dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful


meetings. — The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public officer or employee
who shall hinder any person from joining any lawful association or from
attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee
who shall prohibit or hinder any person from addressing, either alone
or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship. — The penalty of prision


correccional in its minimum period shall be imposed upon any public
officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion.

If the crime shall have been committed with violence or threats, the
penalty shall be prision correccional in its medium and maximum
periods.

Art. 133. Offending the religious feelings. — The penalty of arresto


mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon anyone who, in a place devoted to
religious worship or during the celebration of any religious ceremony
shall perform acts notoriously offensive to the feelings of the faithful.

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