ARTICLE 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

Piracy
It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi (intention to steal) and in the spirit and
intention of universal hostility

Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.

Elements of piracy:
1. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are NOT members of its complement or passengers of the vessel; and
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.

High seas
Waters which are beyond the boundaries of the low-water mark, although such waters may be in the jurisdictional limits of a foreign government;
parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic
waters of an archipelagic state (United Nations Convention on the Law of the Sea).

Philippine waters
Shall refer to all bodies of water, such as but not limited to seas, gulfs, bays around, between and connecting each of the islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction (Sec. 2, P.D. 532).

-Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the
offender may be found or into which he may be carried.

Mutiny
The unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.

PRESIDENTIAL DECREE NO. 532 Anti-Piracy and Anti-Highway Robbery Law of 1974
Vessel
Any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing.

Aiding or Abetting of Piracy

Any person who shall knowingly aid or abet piracy will be considered as an accomplice in the commission of piracy and punished according to the
rules under the RPC.

Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; and
3. Directly or indirectly abets the commission of piracy.

ARTICLE 123 QUALIFIED PIRACY

Qualifying Circumstances:
1.Whenever the offenders have seized the 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.

-The crimes mentioned in the article which are qualified are piracy and mutiny on the high seas.
-Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusion perpetua to death, regardless of the number of victims.
-Offenders are not liable for the separate crimes of murder, homicide, physical injuries, or rape.

Qualified Mutiny
When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance
may not qualify the crime of mutiny, because in mutiny, the offenders are insiders of the vessel.

Piracy under RPC

Punishes piracy committed either in

Piracy under PD 532

Punishes piracy committed in

Philippine waters or on the high seas.

Offenders: Non-passengers or non-

Philippine waters only

Offenders: Any person (may be a

members of the crew, in short,

passenger, crew or a stranger).

strangers to the vessel.

REPUBLIC ACT NO. 6235 ANTI-HIJACKING LAW

Aircraft is in flight
from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.

Acts Punished:
1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change its course or
destination; Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results,
the crime is homicide or murder, as the case may be.
2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots thereof to land in any part of
Philippine territory;

-Under this Act, it is not required that the aircraft be a public utility.

Aggravating circumstances under 1 & 2:

a. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft;
c. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. (Thus, such common crimes are considered
aggravating circumstances only; they are not separated from or complexed with the crime of hijacking).

3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, explosive or
poisonous substances; Under this act, mere carrying or loading of explosive, corrosive, etc. brings about criminal liability.

4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous
substance if not done in accordance with the rules and regulations of the Air Transportation Office.

-There is no attempted hijacking since it is punishable under a special law and attempted stage is not punishable under the said law.

TITLE II CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

ARTICLE 124 ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.

Detention
The actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty

-Detention need not involve any physical restraint. Psychological restraint is sufficient. If the acts and actuations of the accused can produce such fear
in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions and movements in
accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained against his will.

Legal grounds for the detention of persons:

1. The commission of a crime.
2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital.

-This list is not exclusive so long as the ground is considered legal (e.g. in contempt of court, under quarantine, or a foreigner to be deported).
-The public officer liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when
they detain a person they have no legal grounds therefor.
-If the detention is perpetrated by other public officers NOT vested with authority or any private individual, the crime committed is illegal detention
(Art. 267 or 268). The penalty for Arbitrary Detention depends upon the period of detention involved. A greater penalty is imposed if the period is
longer.
-Arrest without a warrant is the usual cause of arbitrary detention. The crime of unlawful arrest is, however, absorbed in the crime of arbitrary
detention.

Arrest without warrant when LAWFUL:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
In his presence
When the officer sees the offense being committed, although at a distance, or hears the disturbance created thereby and proceeds at once to
the scene thereof, or when the offense is continuing or has not been consummated at the time the arrest is made, the offense is said to be
committed in his presence.
2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it;
Personal Knowledge of facts in arrests without warrant must be based upon probable cause, which means an actual belief or reasonable
grounds of suspicion
3. When the person to be arrested is a prisoner who has escaped from a penal establishment, or place where he is serving final judgment or
temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Periods of detention penalized

a. If the detention has not exceeded 3 days.
b. If the detention has continued more than 3 days but not more than 15 days.
c. If the detention has continued more than 15 days but not more than 6 months.
d. If the detention has exceeded 6 months

Arbitrary Detention

Unlawful Arrest

Committed by a public officer

Committed by either private

authorized to arrest and detain a

individual or public officer who

person but he does so without lawful

feigned to arrest a person without

cause.

any legal cause, for the purpose of

delivering him to the proper
authorities.

ARTICLE 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground ; and
3. That he fails to deliver such person to the proper judicial authorities within:
a. 12 hrs for offenses punishable by light penalties or their equivalent.
b. 18 hrs for offenses punishable by correctional penalties or their equivalent.
c. 36 hrs for offenses punishable by afflictive penalties or their equivalent.

Circumstances considered in determining liability of officer detaining a person beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3.Other circumstances such as the time of surrender and the material possibility for the fiscal to make the investigation and file in time the
necessary information.

Delivery to proper authorities

It means filing of an Information against the person arrested with the corresponding court or judge. It does not mean physical delivery.

Proper judicial authorities

It refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person
charged with having committed a public offense.

-A private individual who makes a lawful arrest must also comply with requirements under Art. 125. If he fails to comply, he is liable for the crime of
ILLEGAL DETENTION under Art. 267 or 268.
-The illegality of the detention is not cured by the filing of information in court.
-Art. 125 applies only when the arrest is made without a warrant of arrest but lawful. It does NOT apply when the arrest is by virtue of a warrant of
arrest, in which case he can be detained indefinitely. He must, however, be delivered without unnecessary delay to the nearest police station or jail.
-The reason for this is that there is already a complaint or information filed against him with the court which issued the order or warrant of arrest and it
is not necessary to deliver the person thus arrested to that court.
-Where a judge is not available, the arresting officer is duty-bound to release a detained, if the maximum hours for detention provided under Article
125 of the Revised Penal Code has already expired. Failure to cause the release may result in an offense under Article 125.

ARTICLE 126 DELAYING RELEASE

Three acts punished:
1. By delaying the performance of a judicial or executive order for the release of a prisoner;
2. By unduly delaying the service of the notice of such order to said 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; and
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.

-Most likely to be violated by wardens or jailers.

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; and
3. That the offender is not authorized to do so by law.

-There is no expulsion in cases of ejectment, expropriation or when the penalty of destierro is imposed.
-Only the President of the Philippines is authorized to deport aliens under the Revised Administrative Code.
-Only the court by a final judgment can order a person to change residence.

ARTICLE 128 VIOLATION OF DOMICILE

Acts Punished
1. By entering any dwelling against the will of the owner thereof;
2. By searching papers or other effects found therein without the previous consent of such owner;
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

Common elements:
1. That the offender is a public officer or employee; and
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search for papers or other effects.

Qualifying circumstances:
1. If committed at night time;
2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

-The offender must be a public officer or employee. If he is a private individual, or if the public officer is one whose function does not include the duty
to effect search and seizure , the crime committed is TRESPASS TO DWELLING.

-In the first mode, lack of consent would not suffice as the law requires that the offenders entry must be over the owners objection.
-In the second mode, mere lack of consent is sufficient. Silence of the owner of the dwelling before and during the search, without search warrant, by
a public officer, may show implied waiver.
-In the third mode, what is punished is the refusal to leave, the entry having been made surreptitiously.

-It is believed, however, that if the surreptitious entry had been made through an opening not intended for that purpose, the offender would be liable
under the first mode since it is entry over the implied objection of the inhabitant.
-Although the Code speaks of the owner of the premises, it would be sufficient if the inhabitant is the lawful occupant using the premises as his
dwelling, although he is not the owner thereof.
-The papers or other effects in the second mode must be found in the dwelling.

Not being authorized by judicial order

A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court. Hence, he is not
authorized by judicial order when the public officer has no search warrant.

Against the will of owner

It presupposes opposition or prohibition by the owner, WHETHER EXPRESS OR IMPLIED, and not merely the absence of consent.

ARTICLE 129 SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
Acts Punished:
1. Procuring a search warrant without just cause.
Elements:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured.
Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant; and
c. That he exceeds his authority or uses unnecessary severity in executing the same.

-If in searching a house, the public officer destroys furniture therein without any justification at all, he is guilty under Article 129, as having used
unnecessary severity in executing the search warrant.

Search warrant
It is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.

Requisites for the issuance of search warrant:

A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and
the things to be seized which may be anywhere in the Philippines (Sec. 4, Rule 126, Revised Rules of Criminal Procedure).

Test of lack of just cause

Whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon
and affiant can be held liable for damages caused.

-If the search warrant is secured through a false affidavit, the crime punished by this article CANNOT be complexed but will be a separate crime from
perjury since the penalty herein provided shall be IN ADDITION TO the penalty of perjury.
-A search warrant shall be valid for ten (10) days from its date. When papers or effects are obtained during unreasonable searches and seizures, or
under a search warrant issued without probable cause and not in accordance with the procedure prescribed, or in violation of the privacy of
communication and correspondence, the papers of effects thus obtained are not admissible if presented as evidence.

Instances when a warrantless search and seizure is valid:

1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of immigration, customs, and drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or constructive borders;
6.Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire, sanitary, and building regulations; and
8."stop and frisk" operations .

-The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein (Sec. 7, Rule 126, Revised Rules of Criminal Procedure).

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

Elements:
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; and
4. That the owner, or any member of his family or two witnesses residing in the same locality are not present.

-The papers or other belongings must be in the dwelling of their owner at the time the search is made. It does not apply to searches of vehicles or
other means of transportation because the searches are not made in dwelling .
-Art. 130 does NOT apply to searches of vehicles or other means of transportation.
-Search without warrant under the Tariff and Customs Code does not include a dwelling house.

Violation of Domicile
There is no warrant.

Search Warrants Maliciously Obtained

The public officer is armed with a warrant but such was

Searching Domicile Without Witnesses

There was abuse in the implementation of a

maliciously obtained.

valid warrant.

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

Acts Punished:
1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;
To commit the crime under the first act:
a. The meeting must be peaceful; and
b. There is no legal ground for prohibiting, or interrupting or dissolving that meeting.
2. Hindering any person from joining any lawful association or from attending any of its meetings;
3. 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.

Common elements:
1. That the offender is a public officer or employee;
2. That he performs any of the acts mentioned above.

-The right to freedom of speech and to peacefully assemble, though guaranteed by our Constitution, is not absolute, for it may be regulated in order
that it may not be injurious to the right of the community or society, and this power may be exercised under the police power of the state, which
is the power to prescribe regulations to promote the good order or safety and general welfare of the people.
-The offender must be a stranger, and not a participant. If the offender is a participant, the crime committed is unjust vexation.
-Interrupting and dissolving the meeting of municipal council by a public officer is a crime against a legislative. body, not punished under Art. 131 but
under Arts. 143 and 144 of the RPC.
-If the offender is a private individual, the crime is disturbance of public order under Art. 153.

ARTICLE 132 INTERRUPTION OF RELIGIOUS WORSHIP

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

-Qualified by violence or threats. If the prohibition or disturbance is committed only in a meeting or rally of a sect, it would be punishable under
Art.131.

ARTICLE 133 OFFENDING THE RELIGIOUS FEELINGS

Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship (not necessary that there is a religious ceremony going on); or
b. During the celebration of any religious ceremony;
2. That the acts must be notoriously offensive to the feelings of the faithful.

Religious ceremonies
Religious acts performed outside of a church, such as processions and special prayers for burying dead persons.

Acts notoriously offensive to the feelings of the faithful

The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to
damage an object of religious veneration.

-May be committed by a public officer or a private individual. This is the only crime in Title Two which does NOT require that the offender be a public
officer.
-Offense to feelings is judged from complainants point of view. There must be deliberate intent to hurt the feelings of the faithful.
-If the act is directed to the religious belief itself and the act is notoriously offensive, the crime is offending the religious feelings. Otherwise, it is only
unjust vexation.