ART 121.

FLIGHT TO
ENEMY’S COUNTRY
1. That there is a war in which
the Philippines is involved;
2. Offender owes allegiance to
the Government;
3. Offender attempts to flee or go
to the enemy country;
4. That going to the enemy ARTICLE 123 QUALIFIED
country is prohibited by PIRACY
the competent authority. Qualifying Circumstances:
1. Whenever the offenders have
seized the vessel by boarding or
firing upon the
ARTICLE 122. PIRACY IN GENERAL
same;
AND MUTINY ON THE HIGH SEAS
2. Whenever the pirates have
Two ways or modes of
abandoned their victims without
committing
means of saving
piracy:
themselves;
1. By attacking or seizing a
3. Whenever the crime is
vessel on the high seas or in
accompanied by murder,
Philippine waters;
homicide, physical injuries,
2. By seizing in the vessel while
or rape.
on the high seas or in Philippine
.
waters the whole or part of its
Qualified Mutiny: When the
cargo, its equipment or personal
second or the third circumstance
belongings of its complement or
accompanies the crime of
passengers.
mutiny mentioned under Art.
Elements of piracy:
122, mutiny is then qualified.
1. That a vessel is on the high
First circumstance may not
seas or on Philippine waters;
qualify the crime of mutiny.
2. That the offenders are NOT
members of its complement or
REPUBLIC ACT NO. 6235 ANTI-
passengers of the vessel;
HIJACKING LAW
3. That the offenders:
“aircraft is in flight” - from the
a. Attack or seize the vessel; or
moment all exterior doors are
b. Seize the whole or part of the
closed following embarkation until
cargo of said vessel, its
the same doors are again opened
equipment or personal
for disembarkation.
belongings of its complement or
Acts Punished
passengers.
1. Usurping or seizing control of
an aircraft of Philippine registry
Piracy under PD 532: Punishes
while it is in flight; or compelling
piracy committed in Philippine
the pilots thereof to change its
waters
course or destination; Note:
only.
When the aircraft is not in flight,
Offenders: any person
the usurpation or seizure of the
(passenger,
aircraft may amount to coercion
crew or stranger).
or threat. When death results,
the crime is homicide or murder, 2. When the offender has exploded or
as the case may be. attempted to explode any bomb or
2. Usurping or seizing control of explosive to destroy the aircraft;
3. Whenever the crime is accompanied
an aircraft of foreign registry, by murder, homicide, serious physical
while within Philippine territory, injuries or rape.
or compelling the pilots thereof
to land in any part of Philippine
territory;
3. Carrying or loading on board
an
aircraft operating as a public
utility passenger aircraft in the
Philippines flammable, corrosive,
substances, explosive or poisonous

4. Loading, shipping, or
transporting
on board a cargo aircraft
operating as a public utility in the
Philippines, flammable, corrosive,
ARTICLE 125. DELAY IN THE
or poisonous substance if not
DELIVERY OF DETAINED
done in accordance with the rules
PERSONS TO THE PROPER
and regulations of the Air
JUDICIAL AUTHORITIES
Transportation Office.
1. That the offender is a public
officer or employee;
ARTICLE 124. ARBITRARY 2. That he has detained a person
DETENTION for some legal ground
1. That the offender is a public 3. That he fails to deliver such
officer or employee; person to the proper judicial
2. That he detains a person; authorities within:
3. That the detention is without 12 hrs. for light penalties or their
legal ground. Legal grounds for equivalent. 18 hrs.for correctional
the penalties or their equivalent. 36
detention of persons: hrs. for afflictive penalties or their
1. The commission of a crime; or equivalent.
2. Violent insanity or other ailment
requiring compulsory confinement ARTICLE 126. DELAYING
of the patient in a hospital RELEASE
Three acts punished:
Note on R.A. 6235: 1. By delaying the performance of
Aggravating circ. to nos. 1 and2 a judicial or executive order for
1. When the offender has fired upon the release of a prisoner;
the pilot, member of the crew, or 2. By unduly delaying the service
passenger of the of the notice of such order to said
aircraft;
prisoner;
3. By unduly delaying the
proceedings upon any petition for
the liberation of such person.
Elements:
1. That the offender is a public
officer or employee;
2. That there is a judicial or
executive order for the release of
a prisoner or detention prisoner,
or that there is a proceeding upon
a petition for the liberation of such
person;
3. That the offender without good
reason delays either:
a. The service of the notice of
such order to the prisoner;
b. The performance of such
judicial or executive order for the
release of the prisoner; or
c. The proceedings upon a
petition for the release of
such person.

ARTICLE 127. EXPULSION

Two acts punished:
1. By expelling a person from the
Philippines;
2. By compelling a person to
change his residence.
Elements:
1. That the offender is a public
officer or employee;
2. That he expels any person from
the Philippines, or compels a
person to change his residence;
3. That the offender is not
authorized to do so by law.
Exception: (no expulsion) in cases
of ejectment, expropriation or
when the
penalty of destierro is imposed.