Crimes Against National Security Refer to serious offenses that threaten the safety,

stability, and sovereignty of a nation. These

crimes are often aimed at undermining the
country's government, disrupting public order, or
compromising the nation’s security and defense.

Art. 114 – TREASON Definition: Treason is committed by a person who

(amended by RA 10951) owes allegiance to the Philippines and either
levies war against the government or adheres to
the enemies, giving them aid or comfort.
Penalty: The punishment for treason is reclusion
perpetua to death and a fine not exceeding
₱100,000.

To convict someone of treason the law requires

either:
 The testimony of two witnesses to the
same overt act of treason, or
 A confession in open court.
This is to ensure that the charge of treason, which
is a grave offense, is substantiated by strong and
reliable evidence.

ELEMENTS OF TREASON 1. That the offender is a filipino citizen or an

alien residing in the Philippines
2. That there is a war in which the
Philippines is involved.
3. That the offender is either:
- Levies war against the government,
or
- adheres to her enemies, giving aid or
comfort.

Art. 115 – CONSPIRACY AND PROPOSAL TO Definition:

COMMIT TREASON  Conspiracy to Commit Treason: When
(amended by RA 10951) two or more persons come to an
agreement to commit treason and decide
to take steps to execute it.
 Proposal to Commit Treason: When a
person who has decided to commit
treason proposes its execution to another
person.
Penalty:
- Prision Mayor (6yrs and 1 day to 12 yrs)
and a fine not exceeding 2M pesos.
- Prision Correctional (6 months and 1 day
to 6 yrs) and a fine not exceeding 1M
 pesos.
Art. 116 – MISPRISION OF TREASON Definition: Misprision of treason is committed by
a person owing allegiance to the government
who, having knowledge of any conspiracy against
it, does not inform the authorities as soon as
possible.

- Article 116 addresses those who owe

allegiance to the Philippines. If they are
aware of any conspiracy against the
government but fail to report it promptly,
they are committing misprision of
treason. This offense applies specifically
to Filipino citizens and not to foreigners.
- Shall be punished as an accessory to the
crime of treason.
Penalty:
Art. 117 ESPIONAGE Definition: Espionage involves entering, without
authority, any warship, fort, or naval or military
establishment or reservation to obtain any
information, plan, photograph, or other data of a
confidential nature relative to the defense of the
Philippines.

Paragraph 2
It states that any public officer who, by reason of
their position, possesses confidential information,
data, or articles (as mentioned earlier in the
article) and discloses their contents to a
representative of a foreign nation, is committing
espionage.

Penalty: The penalty for espionage is prision

correccional (which ranges from 6 months and 1
day to 6 years).

These crimes generally involve acts that threaten

the sovereignty, territorial integrity, and security
Crimes Against the Law of Nations of the state, as well as those affecting
international relations and respect for
international laws.

Art. 118 – INCITING TO WAR OR GIVING MOTIVES This article penalizes acts that provoke or give
FOR REPRISALS occasion for war, or expose Filipino citizens to
reprisals. The penalty is reclusion temporal for
public officers and prision mayor for private
individuals
 Reprisal - is a kind of "revenge" that a country
takes against another country that has done
something wrong or harmful. Imagine if one
country did something bad to another, like
breaking an agreement. The affected country
might then take action to get back at them, like
cutting off trade or taking some other retaliatory
measure. That's a reprisal—basically, a form of
retaliation or punishment.

Example: Country A is in a state of neutrality

during an ongoing war between Country B and
Country C. A high-ranking official from Country A,
without authorization, secretly provides Country
B with military intelligence that could be used
against Country C. In response, Country C finds
out about this unauthorized action and decides to
retaliate against Country A by imposing severe
economic sanctions or even launching a small-
scale military strike against Country A's assets.

This retaliatory action taken by Country C against

Country A is an example of a reprisal. It's meant
to punish Country A for its unauthorized
assistance to Country B and to discourage any
further such actions.

Note: Reprisals are typically seen as measures of

last resort and must adhere to international law,
particularly the principles of proportionality and
necessity.

Art. 119 – VIOLATION OF NEUTRALITY Definition: This article penalizes acts that violate
the neutrality of the Philippines during times of
war. Essentially, if the Philippines declares itself
neutral in a conflict between other countries, any
actions that go against this neutrality are
punishable.

Key Points:
 If someone does something that aligns
the Philippines with one side in a war,
without proper authorization, it is
considered a violation of neutrality.
 This can include actions like supplying
military aid, giving strategic information,
or any other activities that support one of
 the conflicting parties.
Penalty: The punishment for violating neutrality
is prision mayor, which means a prison term
ranging from 6 years and 1 day to 12 years.

Art. 120 – CORRESPONDENCE WITH HOSTILE Definition: This article penalizes any person who,
COUNTRY during times of war, communicates with or
corresponds with an enemy country without
proper authorization. The correspondence must
be such that it provides the enemy with any form
of aid or information that could be detrimental to
the Philippines.

Correspondence – refers to any form of

communication with a hostile or enemy country
during times of war.

Penalties:
 Prision Correccional – if the
Correspondense has been prohibited by
the Government.
“In other words, if the government has officially
banned any communication with a hostile
country, and a person still engages in such
correspondence, that person could be sentenced
to prision correccional.”
 Prision Mayor – if the correspondence
carried on in ciphers or conventional
signs.
“This means that if the communication is
conducted using secret codes (ciphers) or
conventional signs, which are meant to obscure
or conceal the true content, the penalty is more
severe”.
 Reclusion Temporal – if notice or
information be given thereby which
might be useful to the enemy.
“if the unauthorized communication contains
useful information for the enemy, it is considered
a grave offense, and the person involved could
face a significant prison sentence under reclusion
temporal”.

Art. 121 – F LIGHT TO ENEMY’S COUNTRY Definition: This article penalizes any person who,
being in the service of the Philippines, goes to an
enemy country during times of war without the
proper authorization. This can include military
personnel, government officials, or anyone else
 owing allegiance to the Philippines.

Penalty: The punishment for this offense is

arresto mayor.

The aim of this article is to prevent any potential

aid, intelligence, or resources from being
provided to an enemy country during times of
war by controlling unauthorized movement.

Note: you are liable only if the competent

authority of the government will prohibit you to
flee to the enemy country.

Art. 122 – PIRACY IN GENERAL AND MUTINY ON Piracy in General:

THE HIGH SEAS OR IN PHILIPPINE WATERS.  Refers to criminal acts committed at sea,
(amended by R. A. 7659)- imposing heinous such as attacking or seizing a vessel,
crimes typically for personal gain. It’s an age-old
crime that often involves violence,
robbery, or kidnapping. Pirates operate
outside the jurisdiction of any one
country, which makes them particularly
difficult to combat.
Mutiny on the High Seas:
 Involves a revolt or rebellion against the
lawful authority of a ship's captain or
officers by the crew. This usually happens
through force, violence, or intimidation.
The mutineers aim to take control of the
vessel.
When these acts occur in Philippine waters, it
means they happen within the maritime
boundaries of the Philippines. The laws of the
Philippines, including Article 122, are enforced to
maintain order and safety in these areas.

Penalty: Reclusion Perpetua shall be inflicted.

Art. 123 – QUALIFIED PIRACY Qualified piracy refers to acts of piracy that are
(amended by R.A. 7659) committed under particularly severe or
aggravating circumstances, which elevate the
gravity of the offense and result in harsher
penalties. According to Article 123 of the Revised
Penal Code of the Philippines, piracy is
considered "qualified" if any of the following
conditions are met:
 Seizing a vessel by boarding or firing
upon it: If the pirates take control of a
 vessel by physically boarding it or by
attacking it with gunfire, the crime
becomes qualified piracy.
 Abandoning victims without means of
saving themselves: If the pirates leave
their victims in a helpless situation, such
as stranded at sea without any means of
survival, the piracy is qualified.
 Causing serious physical injury or death:
If the act of piracy results in serious harm
or death to any person, it is classified as
qualified piracy.
This article imposes harsher penalties for piracy
committed under certain aggravating
circumstances. Specifically, the penalties range
from reclusion perpetua to death.

Note: crimes mentioned in art. 122 cannot be

separated and should be punished as one by
qualified piracy.

Refer to violations of laws that safeguard the

foundational principles and rights enshrined in a
CRIM ES AGAINST THE FUNDAMENTAL LAW OF country's constitution or legal framework. These
THE STATE laws are vital to maintaining order, protecting
citizens' rights, and ensuring the proper
functioning of government institutions.

Art. 123 – ARBITRARY DETENTION This article penalizes public officers or employees
who, without legal grounds, detain a person.

 Who can be held liable? Public officers or

employees.
 What constitutes the crime? Detaining a
person without legal grounds. This
includes situations where a person is
deprived of their liberty without any valid
or lawful reason.
 Penalties: The penalties vary depending
on the duration of the illegal detention:
o Less than 3 days: Arresto mayor
in its maximum period to Prisión
correccional in its minimum
period
o 3 to 15 days: Prisión correccional
in its medium and maximum
periods.
 o More than 15 days but less than
6 months: Prisión mayor in its
minimum and medium periods.
o More than 6 months: Prisión
mayor in its maximum period to
reclusión temporal in its
minimum period.
The intent is to protect individuals from unlawful
arrest and detention by ensuring that public
officers and employees act within the bounds of
the law.

Art. 125 – DELAY IN THE DELIVERY OF DETAINED This provision ensures that individuals who are
PERSONS TO THE PROPER JUDICIAL AUTHORITIES. arrested or detained are promptly brought before
(amended by E.O. No. 59 and No. 272) the appropriate judicial authorities to protect
their rights.

Who can be held liable? Public officers or

employees.
What constitutes the crime? Failing to deliver a
detained person to the proper judicial authorities
within the prescribed periods.
Prescribed periods:
 Within 12 hours: If the person is accused
of a crime or offense punishable by light
penalties or their equivalent.
 Within 18 hours: If the person is accused
of a crime or offense punishable by
correctional penalties or their equivalent.
 Within 36 hours: If the person is accused
of a crime or offense punishable by
afflictive or capital penalties or their
equivalent.

The penalties for violating this provision depend

on the length of the delay and the seriousness of
the crime the person is accused of. The purpose
of this article is to prevent unlawful detention
and ensure that the rights of detained individuals
are protected by ensuring timely judicial
oversight.

This provision underscores the importance of due

process and the timely administration of justice.

Note: if public officer detains the offender more

than the hours given they can be charged for
arbitrary detention and the offender can be
 released for the meantime only.

Art. 126 – DELAYING RELEASE This article penalizes public officers or employees
who, without legal grounds, delay the release of a
person who has been detained or arrested.

Who can be held liable? Public officers or

employees.
What constitutes the crime? Delaying the release
of a person without any lawful cause, after the
requirements for release have been fulfilled.

Penalties: provided for in article 124.

Art. 127 – EXPULSION This article penalizes public officers or employees

who, without legal grounds, expel a person from
the Philippines or compel them to change their
residence.
Who can be held liable? Public officers or
employees.
What constitutes the crime? Expelling a person
from the Philippines or compelling them to
change their residence without any lawful cause
or authority.
Penalties: The penalty for this offense is prisión
correccional. This means imprisonment for a
period ranging from 6 months and 1 day to 6
years.

Art. 128 – VIOLATION OF DOMICILE This article penalizes public officers or employees
who enter a dwelling against the will of the
owner or occupant, without legal grounds.

Who can be held liable? Public officers or

employees.
What constitutes the crime?
1. Entering any dwelling against
the will of the owner or
occupant: This means unlawfully
entering someone's home
without their consent and
without any legal justification.

2. Entering any dwelling against

the will of the owner or
occupant and without a judicial
order, searching papers or other
 effects found therein: This
includes unlawfully searching the
contents of the home, such as
personal papers or belongings,
without proper legal authority.
3. Refusing to leave the premises,
after having surreptitiously
entered any dwelling and being
required to leave the same: This
means refusing to leave after
unlawfully entering the dwelling
and being asked to do so by the
owner or occupant.
Penalty: Prision Correccional in its minimum
period shall be imposed. But if the offense
committed in the nighttime, 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 to maximum periods.

Art. 129 – SEARCH WARRANTS MALICIOUSLY Who can be held liable? Public officers or
OBTAINED AND ABUSE OF THOSE LEGALLY employees.
OBTAINED. What constitutes the crime?
(amended by R.A. No. 10951) 1. Procuring a search warrant without just
cause: This means obtaining a search
warrant maliciously, without any legal
basis or justifiable reason.
2. Exceeding the authority granted by the
warrant: This includes conducting
searches or seizures beyond what is
specified or permitted in the search
warrant.
3. Seizing objects not included in the
search warrant: This means taking items
during the search that are not mentioned
or authorized by the warrant.
Penalties: The penalties for these offenses can
range from arresto mayor (imprisonment of 1
month and 1 day to 6 months) to prisión
correccional (imprisonment of 6 months and 1
day to 6 years and fine not exceeding 200
hundred thousand pesos shall be imposed.

Art. 130 – SEARCHING DOMICILE WITHOUT Who can be held liable? Public officers or
WITNESSES. employees.
What constitutes the crime?
1. Searching a domicile without the
 presence of the lawful occupant: This
means conducting a search in someone's
home without the occupant or any
authorized person present.
2. Searching without two witnesses
residing in the same locality: If the
occupant cannot be present, the search
must be conducted in the presence of at
least two witnesses who reside in the
same locality.
Penalties: The penalty for this offense is arresto
mayor (imprisonment of 1 month and 1 day to 6
months). In its medium and maximum period.

This article aims to protect individuals' privacy

and ensure that searches of their homes are
conducted lawfully and with proper oversight. It
helps prevent abuse of authority by requiring
witnesses to be present during the search.

Art. 131 – PROHIBITION, INTERRUPTION, AND Who can be held liable? Public officers or
DISSULUTION OF PEACEFUL MEETINGS. employees.

What constitutes the crime?

1. Prohibiting or interrupting peaceful
meetings or rallies without just cause:
This means unlawfully preventing or
disrupting gatherings, meetings, or rallies
that are conducted peacefully.
2. Preventing someone from participating in
or attending the gatherings, meetings, or
events of a lawful association.
3. Preventing a person for Seeking relief,
compensation, or justice for any wrongs,
injustices, or harms experienced by
individuals or groups.
Penalties: The penalty for this offense is prisión
correccional (imprisonment of 6 months and 1
day to 6 years). In its minimum period.

This article aims to protect the constitutional

right to peaceful assembly and free speech,
ensuring that public officers and employees do
not abuse their authority to unjustly prohibit,
interrupt, or dissolve peaceful gatherings.

Art. 132 – INTERRUPTION OF RELIGIOUS Who can be held liable? Public officers or
WORSHIP. employees.
 What constitutes the crime?
1. Interrupting or disturbing religious
ceremonies: This means unlawfully
interfering with or disrupting religious
services, rites, or ceremonies.
2. Performing acts of disrespect during a
religious ceremony: This includes any
behavior that shows contempt or lack of
respect for the religious service or
ceremony.
Penalties: The penalty for this offense is prisión
correccional in its minimum period.

If the crime shall have been committed

with violence or threats, the penalty shall be
prision correccional in its medium and maximum
period.
This article aims to protect the freedom of
religious worship and ensure that public officers
and employees respect and do not unlawfully
interfere with religious practices.

Note: no crime has been committed in this art.

The crime is to interrupt religious happenings.

Art. 133 – OFFENDING THE RELIGIOUS FEELINGS. Who can be held liable? Any person.
What constitutes the crime? Performing acts that
are grossly offensive to the religious feelings of
the faithful, in a place devoted to religious
worship or during the celebration of any religious
ceremony. These acts must be:
 Deliberate and malicious: The offender
must have the intent to cause offense to
the religious feelings of others.
 Grossly insulting and disrespectful: The
acts must be particularly egregious and
show a clear lack of respect for the
religious practices and sentiments of the
affected community.

Penalties: The penalty for this offense is arresto

mayor in its maximum period to prisión
correccional in its minimum period. This means
imprisonment ranging from 4 months and 1 day
to 2 years and 4 months.

This article aims to protect the sanctity and

respect of religious practices and ceremonies,
ensuring that individuals' religious feelings are
not maliciously or grossly insulted.