Criminal Law II Review Notes
emotionally favors the enemy and harbors sympathies or
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
Section One. Treason and Espionage
Article 114. Treason
Article 115. Conspiracy and proposal to commit treason
Article 116. Misprision of treason
Article 117. Espionage
Section Two. Provoking war and disloyalty in case of war
Article 118. Inciting to war or giving motives for
reprisals
Article 119. Violation of neutrality
Article 120. Correspondence with hostile country
Article 121. Flight to enemys country
Section Three. Piracy and mutiny on the high seas in
Philippine waters
Article 122. Piracy in general and mutiny on the high
seas or in Philippine waters
Article 123. Qualified piracy
Article 114. Treason
Elements:
1. Offender is a Filipino citizen or an alien residing in
the Philippines;
2. There is a war in which the Philippines is involved;
3. The offender either
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid
or comfort.
Treason cannot be committed in time of peace.
1st mode: Levying war against the Government
There must be an actual assembling of men. Thus, the
actual enlistment of men to serve against the government
doesnt amount to levying war.
Under this mode, it is not necessary that there be a formal
declaration of the existence of a state of war. Actual
hostilities may determine the date of the commencement of
war.
The war must be directed against the government, not
merely to resist a particular statute or to repel a particular
officer. However, it is NOT necessary that those attempting
to overthrow the govt succeed in their designs.
Q: Is it necessary under this mode that the purpose of
levying war is to deliver the country in whole or in part to
the enemy?
A: Yes, if the uprising is committed without enemy
collaboration, the crime would be rebellion not treason.
2nd mode: Adhering to the enemies, giving them aid
or comfort
Adherence to the enemy means intent to betray. There is
adherence to the enemy when a citizen intellectually or
convictions disloyal to his countrys policy or interest.
Aid or comfort means an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitors country and an act which weakens or tends to
weaken the power of the traitors country to resist or to
attack the enemy.
Adherence alone, without giving aid or comfort, does NOT
constitute treason.
The aid and comfort must be a deed or physical activity. To
be treasonous, the extent of aid and comfort must be to
render assistance to them as enemies and not merely as
individuals, and be directly in furtherance of the enemies
hostile designs. However, the act need not actually
strengthen the enemy.
The aid or comfort under this mode must be after the
declaration of war. The enemies must be subject of a foreign
power.
When killings and other common crimes are charged as
overt acts of treason, they cannot be regarded as separate
crimes or complexed with treason.
Example: Where the accused served as secret
agent for the Japanese, and in the performance of
such service, he participated in the Japanese
expeditions against guerillas and committed mass
murders, arson and robberies, and those deeds
were charged an element of treason, they become
identified with the crime of treason and cannot be
the subject of a separate punishment.
But this rule will not preclude the punishment of common
crimes as such, IF the prosecution should elect to prosecute
the culprit specifically for those crimes, instead of relying on
them as an element of treason.
Ways of proving treason
A person may be convicted of treason on the following
evidence ONLY:
1. [Two-witness rule] Testimony of two witnesses, at
least, to the same overt act; or
2. Confession of the accused in open court.
The two-witness rule
The testimony of two witnesses is required to prove the
overt act of giving aid or comfort. It is not necessary to
prove adherence.
Q: A testified that he saw X on guard duty in the Japanese
garrison on Monday. B testified that he also saw X on guard
duty in the garrison on Wednesday. Can X be convicted of
treason on the basis of A & Bs testimony?
A: No. Both overt acts, although of the same nature and
character, are two distinct acts. Either one, to serve as a
ground for conviction, must be proved by two witnesses.
That one witness should testify as to one, and another as to
the other, was held not enough.
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 Criminal Law II Review Notes

Laurel v. Misa
G.R. NO. L-409, 30 January 1947

FACTS: Petition for habeas corpus by Laurel based on the

People v. Manayao
theory that a Filipino citizen who adhered to the enemy
G.R. No. L-322, 28 July 1947
giving the latter aid and comfort during the Japanese
occupation cannot be prosecuted for the crime of treason
FACTS: Manayao et al were charged and found guilty of
because (1) of the suspension of the sovereignty of the
treason with multiple murders. They were sentenced to
legitimate government in the Philippines resulting in the
death and to pay the fine with indemnity to heirs of the
suspension of the correlative allegiance of Filipinos thereto,
victims of the town they massacred with the Japanese
and (2) of the changes of sovereignty upon the proclamation
troops. The massacre was witnessed by the two children
of the Philippine Republic.
spared from the killing.
HELD: Citizen owes absolute/permanent allegiance to his
HELD: The Makapili is not part of the Japanese Army in the
government/sovereign, which should not be confused with
Philippines being an organization of traitors, pure and
the qualified/temporary allegiance which a foreigner owes to
simple. This doesnt divest the Peoples Court of jurisdiction.
the government of his current residence. This absolute
They have not lost their citizenship when no evidence that
allegiance is not abrogated by enemy occupation because
he has subscribed to an oath of allegiance to support the
the sovereignty of the government de jure is not transferred
laws of Japan and that he showed his acceptance of a
thereby to the occupier, remaining vested in the legitimate
commission in the Armed Forces of Japan were presented.
government. What may be suspended is the exercise of the
They are still subject of the law on treason in the Philippines.
rights of sovereignty passing temporarily to the occupant,
and not the allegiance which subsists with the subsistence of
the sovereignty of the legitimate government.
People v. Adriano
G.R. No. L-477, 30 JUNE 1947
The change in government from commonwealth does not
affect the crime of treason. It holds applicable to the present
FACTS: Adriano was found guilty of treason by virtue of his
government being an offense against the same government
being a Makapili. The prosecution however did not introduce
and sovereign people.
any other evidence except for his membership. Furthermore,
the alleged acts committed by the accused were not
established or concurred by testimonies from 2 witnesses.
People v. Perez
G.R. No. L-856, 18 April 1949
HELD: The two-witness requirement in the crime of treason
should be applied restrictively the lawmakers having
FACTS: Perez was convicted of treason and sentenced to
intended for it to be applied with the same rigidity and
death where 5 of the 7 counts against him alleged his
inflexibility due to the seriousness of the crime and the
abduction of girls for the purpose of using them to satisfy
abnormality of the times from American origin.
the sexual desires of Japanese officials.
Hilado dissenting: Being a Makapili was one single
HELD: For an act to be treasonous, it should be one that
continuous and indivisible overt act of giving aid to the
renders assistance to the occupants to further their hostile
Japanese invaders. There is no need for at least 2 witnesses
designs. Sexual relations between the women and the
to have testified on one same act.
Japanese officials cannot be said to aid in the furtherance of
the objectives of the enemies.
Article 115. Conspiracy and proposal to commit
Dissent by Pablo: Entertainment tones up the nerves of the
treason
soldiers. Services or favors that should have been performed
by Japanese women were done by Filipino women. This
Elements (Conspiracy):
helped improve the phases of their military activities.
1. In time of war;
2. Two or more persons come to an agreement to
People v. Prieto
levy war against the govt or to adhere to the enemies
G.R. No. L-399, 29 January 1948
and to give them aid or comfort; and
3. They decide to commit it.
FACTS: Prieto, a Makapili who aided the Japanese in
apprehending Filipino guerillas (who were tortured and
Elements (Proposal):
executed after being apprehended) was convicted of 4
counts of treason.
1. In time of war;
2. A person who has decided to levy war against the
HELD: Murder and physical injuries are identified as an
govt or to adhere to the enemies and to give them aid
element of treason and they cannot be the subject of a
or comfort; and
separate punishment, or make a complex crime with
3. Proposes its execution to some other person or
treason. They are averred as a constitutive ingredient of
persons.
treason. But where the State prosecutes them for such acts
not as an overt act for treason, then the accused can be
The two-witness rule does not apply to conspiracy or
punished for such acts if found guilty.
proposal to commit treason.

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Article 116. Misprision of treason
Elements:
1. Offender must be owing allegiance to the Government,
and not a foreigner
2. He has knowledge of any conspiracy (to commit
treason) against the Government
3. He conceals or doesnt 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.
Art. 116 will not apply when the crime of treason has
already been committed by someone and the accused
doesnt report its commission to the proper authority. The
law says knowledge of any conspiracy against not
knowledge of treason actually committed.
The offender in misprision is punished as an accessory to
the crime of treason. Hence, the penalty for misprision is
two degrees lower than that provided for treason.
Article 117. Espionage
Two ways of committing espionage
(Mode 1) Elements:
1. Offender enters a warship, fort or naval or military
establishment or reservation;
2. He has no authority therefore; and
3. His purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines
It is not necessary that information be actually obtained.
2)
(Mode 2) Elements:
1. Offender is a public officer;
2. He has in his possession (by reason of the public office
he holds) any information, plans, photographs or other
data of a confidential nature relative to the defense of
the Philippines; and
3. He discloses their contents to a representative of a
foreign nation
COMMONWEALTH ACT No 616
An Act to Punish Espionage and Other Offences
Against National Security
Acts punished:
1) Unlawfully obtaining or permitting to be
obtained information affecting national
defense
o by going upon, entering, flying over or
otherwise by obtaining information
concerning any vessel, aircraft, work of
defense or other place connected with the
national defense, or any other place where
ay vessels, aircraft, arms, munitions or other
materials for the use in time of war are being
Criminal Law II Review Notes
made, or stored, for the purpose of obtaining
information respecting national defence, with
intent to use it to the injury of the Phil or to
the advantage of any foreign nation. (this is
the 1st par)
o by copying, taking, making or attempting or
inducing or aiding another to copy, take,
make or obtain any sketch, photograph,
photographic negative, blue print, plan, map
instrument, appliance, document, writing, or
note of anything connected with the national
defence, for the same purpose and with like
intent as in 1st par. (this is the 2nd par)
o by receiving or obtaining or agreeing or
attempting or inducing or aiding another to
receive or obtain from any sources any of
those data mentioned in 2nd par, code book
or signal book, knowing that it will be
obtained or disposed of by any person
contrary to the provisions of the Act.
o by communicating or transmitting, or
attempting to communicate or transmit to
any person not entitled to receive it, by
wilfully retaining and failing to deliver it on
demand to any officer or employee entitled
to receive it, the offender being in possession
of, having access to, control over, or being
entrusted with any of the date mentioned in
2nd par, or code book or signal book.
o by permitting, through gross negligence, to
be removed from its proper place or custody
or delivered to anyone in violation of his
trust, or to be lost, stolen, abstracted or
destroyed any of the data mentioned in 2nd
par, code book or signal book, the offender
being entrusted with or having lawful
possession or control of the same.
Unlawful disclosing of information affecting
national defense
o by communicating, delivering or transmitting
or attempting or aiding or inducing another
to do it, to any foreign govt or any faction or
party or military or naval force within a
foreign country, whether recognised or
unrecognised by the Phil, or to any
representative, officer, employee, subject or
citizen thereof, any of the date mentioned in
2nd par above, code book or signal book. If
committed in times of war, the penalty is
death or imprisonment for not more than 30
years.
o in times of war, by collecting, recording,
publishing or communicating or attempting to
elicit any information with respect to the
movement, number, description, condition or
disposition of any of the armed forces, ships,
aircraft, or war materials of the Phil, or with
respect to the plans or conduct of any
military, naval or air operations or with
respect to any works or measures
undertaken for the fortification or defense of
any place, or any other information relating
to the public defense, which might be useful
to the enemy. The penalty is death or
3

imprisonment for not more than 30 years.
3) Disloyal acts or words in time of peace
o by advising, counselling, urging or in any
other manner by causing insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval or air forces of
the Phil
o by distributing any written or printed matter
which advises, counsels, or urges such
insubordination, disloyalty, mutiny, or refusal
or duty.
4) Disloyal acts or words in time of war
o by willfully making or conveying false reports
or false statements with intent to interfere
with the operation or success of the Armed
Forces of the Phil
o to promote the success of its enemies, by
willfully causing or attempting to cause
insubordination, disloyalty, mutiny or refusal
of duty in the Armed Forces
o by willfully obstructing the recruiting or
enlistment service.
5) Conspiracy to violate preceding sections
o 2 or more persons conspire to violate the
provisions of Sections 2, 3 or 4
o one or more of such persons do any act to
effect the object of the conspiracy
6) Harboring or concealing violators of the law
o the offender knows that a person has
committed or is about to commit an offence
o the offender harbors or conceals such person
Other acts punished:
o using or permitting or procuring the use of
an aircraft for the purpose of making
photograph, sketch, etc of vital installations
or equipment of the Armed Forces;
o reproducing, publishing, selling etc
uncensored copies of photograph, sketch etc
of the vital military, naval or air post, camp
or station, without permission of the
commanding officer;
o injuring or destroying or attempting to injure
or destroy war materials, premises or war
utilities when the Philippines is at war;
o making or causing was materials to be made
in a defective manner when the Philippines is
at war;
o injuring or destroying national defense
material, premises or utilities; and
o making or causing to be made in a defective
manner, or attempting to make or cause to
be made in a defective manner, national
defense material.
Espionage Treason
Both not conditioned by the citizenship of the offender
May be committed in time of May be committed only in
peace or war time of war
Criminal Law II Review Notes
There are many ways of There are only two ways of
committing espionage, committing treason
taking Art. 117 of the RPC
and CA No. 616 together
Article 118. Inciting to war or giving motives for
reprisals.
Elements:
1. Offender performs unlawful or unauthorized acts; and
2. Such acts provoke or give occasion for a war involving
or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property.
Illustration: The public destruction of the flag or seal of a
foreign state or the public manifestations of hostility to the
head or ambassador of another state.
Article 119. Violation of neutrality
Elements:
1. There is a war in which the Philippines is no involved;
2. There is a regulation issued by competent authority for
the purpose of enforcing neutrality; and
3. The offender violates such regulation.
Article 120. Correspondence with hostile country
Elements:
1. In time of war in which the Philippines is involved;
2. The offender makes correspondence with an enemy
country or territory occupied by enemy troops;
3. The correspondence is either
a. Prohibited by the Government, or
b. Carried on in ciphers or conventional
signs, or
c. Containing notice or information which
might be useful to the enemy.
Correspondence means communications by means of
letters.
Even if the correspondence contains innocent matters, if
the correspondence has been prohibited by the Government,
it is punishable.
Prohibition by the Government is not essential in
paragraphs 2 & 3 of Article 120.
Circumstances qualifying the offense:
1. Notice or information might be useful to the
enemy; AND
2. Offender intended to aid to enemy
These acts amount to treason. Hence, the penalty is the
same as that for treason.
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 Criminal Law II Review Notes

Article 121. Flight to Enemy's Country

Elements:

1. There is a war in which the Philippines is involved; Piracy under the RPC and Piracy under P.D. No. 532
2. Offender must be owing allegiance to the Piracy under RPC Piracy under P.D. No. 532
government;
3. Offender attempts to flee or go to enemy country; As to the manner of commission
and May be committed by May be committed by
4. Going to the enemy country is prohibited by attacking or seizing a vessel attacking or seizing a vessel
competent authority. or seizing the whole or part or by taking away the whole
of the cargo of said vessel, or part of its cargo,
Mere attempt to flee or go to enemy country the equipment or personal equipment or personal
consummates the crime. belongings of its belongings of the vessels
complement or passengers complement or passengers
by means of violence against
or intimidation of persons or
Article 122. Piracy in general and Mutiny on the High force upon things.
Seas or in Philippine Waters As to the persons committing the crime
May be committed only by a May be committed by any
Acts punished as piracy stranger to the vessel (i.e. person including a passenger
one who is neither a or complement of the vessel
1. Attacking or seizing a vessel on the high seas or in passenger nor a member of
Philippine waters; and the complement of the
2. Seizing in the vessel while on the high seas or in vessel)
Philippine waters the whole or part of its cargo, its As to the place of the commission of the crime
equipment or personal belongings of its complement or Philippine waters or on the Only in Philippine waters
passengers. high seas
As to when piracy becomes qualified
Elements of piracy It becomes qualified when it It becomes qualified, among
is accompanied, among others, when physical
1. The vessel is on the high seas or Philippine others, by murder, homicide, injuries or other crimes are
waters; physical injuries or rape committed as a result of or
2. Offenders are neither members of its complement on occasion thereof or when
nor passengers of the vessel; murder, homicide or rape is
3. Offenders either - committed by reason or on
a. attack or seize a vessel on the high seas or in occasion thereof.
Philippine waters; or
b. seize 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; Piracy Mutiny
4. There is intent to gain. Persons who attack a vessel Offenders are members of
or seize its cargo are the crew of passengers
Piracy is robbery or forcible depredation on the high strangers to said vessels
seas, without lawful authority and done with animo furandi Intent to gain essential Intent to gain not essential,
and in the spirit and intention of universal hostility. offenders may only intend to
ignore the ships officers
Note: Article 2, RPC- Except as provided in the treaties and
laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime
zone, but also outside of its jurisdiction against those who: People vs. Lol-lo and Saraw
G.R. No. 17958, 27 February 1922
xxx xxx xxx
FACTS: Boat carrying men, women and children on its way
1. Should commit an offense while on between two islands in the Dutch East Indies were waylaid
a Philippine ship or airship; by six vintas manned by 24 armed Moros. At first, they
asked for good but one on the Dutch boat, they took all of
xxx xxx xxx the cargo, attacked some of the men and brutally violated
two of the women. All the people were placed back into the
5. Should commit any of the crimes boat except the two men, and holes were made with the
against national security and the law of nations, idea of submerging the boat. They took the women and
defined in Title One of Book Two of this Code. repeatedly violated them. Two of the raiders were Lol-lo and
Saraw, the former participating in the rape. The women
eventually escaped while Saraw and Lol-lo returned to

5
 Criminal Law II Review Notes

TawiTawi where they were apprehended and tried. They c. whenever the crime is accompanied by murder,
were found guilty and sentenced to life imprisonment. homicide, physical injuries or rape.

HELD: Pirates are in the law hostes humani generis. Piracy is

R.A. No. 6235
a crime not against any particular state but against all
An Act Prohibiting Certain Acts Inimical to Civil
mankind. It may be punished in the competent tribunal of
Aviation
any country where the offender may be found or into which
he may be carried. The jurisdiction in the crime of piracy
Who are punishable?
unlike other crimes has no territorial limits, nor does it
matter that a crime was committed within the jurisdictional
1. Any person who shall compel a change in the course or
3-mile limit of a foreign state, for those limits, through
destination of an aircraft of Philippine registry, or to
neutral to war, are not neutral to crimes.
seize or usurp the control thereof, while it is in flight.

An aircraft is in flight from the moment all its external

People v. Rodriguez
doors are closed following embarkation until any of
G.R. No. L-60100, 20 May 1985
such doors is opened for disembarkation. (Sec. 1.)

2. Any person who shall compel an aircraft of foreign

FACTS: Rodriguez et al (crew members of M/V Noria 767)
registry to land in Philippine territory or to seize or
were charged with the crime of piracy, found guilty and
usurp the control thereof while it is within the said
sentenced to death. They were able to obtain 3M as total
territory. (Sec. 1.)
amount and escaped through the use of pump-boats. Ten
dead bodies were seen at the wharf as victims of the sea-
The penalty shall be increased whenever the violations
jacking
above were committed under any of the following
circumstances:
HELD: Where rape, murder or homicide is committed in the
crime of piracy, the penalty imposable is mandatory death
Whenever he has fired upon the pilot, member of
penalty P.D. No. 532, amending R.A. 134.
the crew or passenger of the aircraft;
Whenever he has exploded or attempted to
explode any bomb or explosive to destroy the
People v. Siyoh
aircraft; or
G.R. No. L-57292, 18 February 1986
Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape. (Sec.
FACTS: Siyoh et al were accused of qualified piracy with
2.)
triple murder and frustrated murder, found guilty and
sentenced to death. With the use of pump-boats, they were
3. Any person, natural or juridical, who shall ship, load or
able to divest money and goods from de Guzman and his
carry in any passenger aircraft operating as a public
companions on the way to Mataja island. The companions
utility within the Philippines, any explosive, flammable,
were killed while de Guzman was able to escape wounded.
corrosive or poisonous substance or material. (Sec. 3.)
HELD: Although the body of de Guzman was still missing,
Explosive - any substance, either solid or liquid,
the number of persons killed on the occasion of piracy is not
mixture or single compound, which by chemical
material. P.D. 532 considers qualified piracy (when rape,
reaction liberates heat and gas at high speed and
murder, or homicide is committed as a result or on the
causes tremendous pressure resulting in explosion. The
occasion of piracy) as a special complex crime punishable by
term shall include but not limited to dynamites,
death regardless of the number of victims.
firecrackers, blasting caps, black powders, bursters,
percussions, cartridges and other explosive materials,
except bullets for firearm.
Article 123. Qualified Piracy
"Flammable" any substance or material that is
Elements:
highly combustible and self-igniting by chemical
reaction and shall include but not limited to acrolein,
1. The vessel is on the high seas or Philippine waters:
allene, aluminum dyethyl monochloride, and other
2. Offenders may or may not be members of its
aluminum compounds, ammonium chlorate and other
complement, or passengers of the vessel;
ammonium mixtures and other similar substances or
3. Offenders either -
materials.
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its
"Corrosive" any substance or material, either liquid,
equipment., or personal belongings of the crew or
solid or gaseous, which through chemical reaction
passengers;
wears away, impairs or consumes any object. It shall
4. The preceding were committed under any of the
include but not limited to alkaline battery fluid packed
following circumstances:
with empty storage battery, allyl chloroformate,
a. whenever they have seized a vessel by boarding
allytrichlorosilane, ammonium dinitro-orthocresolate
or firing upon the same;
and other similar materials and substances.
b. whenever the pirates have abandoned their
victims without means of saving themselves; or
"Poisonous" any substance or materials, except

6

medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injures or impairs a
living organism or person, and shall include but not
limited to allyl isothiocyanate, ammunition (chemical,
non-explosive but containing Class A, B or poison),
aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or
materials.
For any death or injury to persons or damage to property
resulting from a violation of 3 above, the person
responsible therefor may be held liable in accordance with
the applicable provisions of the Revised Penal Code.
Authority of airline companies to inspect cargo etc.
Aircraft companies which operate as public utilities
or operators of aircraft which are for hire are authorized to
open and investigate suspicious packages and cargoes in the
presence of the owner or shipper, or his authorized
representatives if present; in order to help the authorities in
the enforcement of the provisions of this law
If the owner, shipper or his representative refuses
to have the same opened and inspected, the airline or air
carrier is authorized to refuse the loading thereof. (Sec. 8.)
Disclaimer on airline ticket
Every ticket issued to a passenger by the airline or
air carrier concerned shall contain among others the
following condition printed thereon: "Holder hereof and his
hand-carried luggage(s) are subject to search for, and
seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the
aircraft," which shall constitute a part of the contract
between the passenger and the air carrier. (Sec. 9.)
Presidential Decree No. 532
Anti-Piracy and Anti-Highway Robbery Law of 1974
Vessel
Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine
Waters. It shall include all kinds and types of vessels or
boats used in fishing.
Piracy
It is an attack upon or seizure of any vessel or the taking
away of the whole or part thereof of its cargo, equipment or
the personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things,
committed by any person, including a passenger or member
of the complement of said vessel, in, Philippine Waters.
Punishable Acts:
1. Piracy
2. Highway robbery/brigandage
3. Aiding pirates or highway robbers/brigands or abetting
piracy or highway robbery/brigandage
Criminal Law II Review Notes
Republic Act No. 9372
Human Security Act of 2007
Crime of Terrorism
It is committed by any person who engages in any of the
following acts punishable under RPC and special laws:
A. Under the RPC
Piracy in general and mutiny in the high seas or in
the Philippine waters (Art. 122)
Rebellion or Insurrection (Art. 134)
Coup detat including acts committed by private
persons (Art. 134-A)
Kidnapping and Serious Illegal Detention (Art.
267)
Murder (Art. 248)
Crimes involving Destruction (Art. 324)
B. Under Special Laws
Decree codifying the laws on illegal and unlawful
possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives
(P.D. No. 1866).
Law on Arson (P.D. No. 1613)
Anti-Piracy and Anti-Highway Robbery of Law of
1974 (P.D. No. 532)
Atomic Energy Regulatory and Liability Act of 1968
(R.A. No. 5207)
Toxic Substances and Hazardous and Waste
Control Act of 1990 (R.A. No. 6969)
Anti-Hijacking Law (R.A. No. 6735)
Elements of the crime of terrorism:
Offender commits an act punishable under any of
the cited provisions of the Revised Penal Code, or
under any of the enumerated special penal laws;
Commission of the predicate crime sows and
creates a condition of widespread; and
extraordinary fear and panic among the populace;
Offender is actuated by the desire to coerce the
government to give in to an unlawful demand.
Before a change for terrorism may be filed under R.A. No.
9372, there must first be a predicate crime actually
committed to trigger the operation of the key
qualifying phrases in the other elements of the crime,
including the coercion of the government to accede to an
unlawful demand.
Note: The benefit of Parole under the
Indeterminate Sentence Law is not applicable to
persons convicted under this Act.
Who may be liable:
1. Conspirator
Two or more persons come to an agreement concerning
the commission of the crime of terrorism and decide to
7

commit the same
Penalty: Forty years imprisonment
2. Accomplice
Any person who, not being a principal or conspirator,
cooperates in the execution of either the crime of terrorism
or conspiracy to commit terrorism by previous or
simultaneous acts.
Penalty: 17 years, 4 months, 1 day to 20 years
imprisonment.
3. Accessory
Any person who having knowledge of the commission of
the crime of terrorism or conspiracy to commit terrorism,
and without having participated therein, takes part
subsequent to its commission in any of the following
manner:
a. Profiting himself or assisting the offender to profit by
the effects of the crime;
b. Concealing or destroying the body of the crime or the
effects or instruments thereof in order to prevent its
discovery; or
c. Harboring, concealing or assisting in the escape of the
principal or conspirator.
Exception (Not Liable): Those who are such with respect
to their: (i) spouses, (ii) ascendants, (iii) descendants, (iv)
legitimate, natural, and adopted brothers and sisters, or (v)
relatives by affinity within the same degrees.
Exception to the exception (Liable): Accessories falling
within the provisions of subparagraph (a).
Surveillance of Suspects and Interception and
Recording of Communication
General Rule: Notwithstanding R.A. No. 4020 (The Anti-Wire
Tapping Law), a police or law enforcement official and
members of his team may, upon written order of the Court
of Appeals, listen to, intercept and record any
communication between members of a judicially declared
and outlawed terrorist organization or group of persons or of
any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Exception: Communications between:
1. Lawyers and clients;
2. Doctors and patients;
3. Journalists and their sources; and
4. Confidential business correspondence.
Requisites for Formal Application for Judicial
Authorization to Intercept and Record
Communication
1. There must be an ex parte application by the police or
law enforcement official;
2. The applicant must have been duly authorized in
writing by the Anti-Terrorism Council; and
3. Examination under oath or affirmation of the applicant
Criminal Law II Review Notes
and the witnesses he may produce to establish that:
a. There is probable cause to believe based on
personal knowledge of facts that the said crime of terrorism
or conspiracy to commit terrorism has been committed, is
being committed or is about to be committed;
b. There is probable cause to believe based on
personal knowledge of facts that evidence which is essential
to the conviction of any charged or suspected person, will be
obtained; and
c. There is no other effective means for acquiring such
evidence.
Republic Act No. 9851
Philippine Act on Crimes against International
Humanitarian Law, Genocide and Other Crimes
against Humanity
Acts Punishable:
A. War Crimes
Sec 4. War Crimes- For the purpose of this Act,
"war crimes" or "crimes against International Human
Humanitarian Law" means:
(a) In case of an international armed conflict ,
grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or
property protected under provisions of the relevant Geneva
Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including
biological experiments;
(3) Willfully causing great suffering, or
serious injury to body or health;
(4) Extensive destruction and appropriation
of property not justified by military necessity and
carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or
other protected person of the rights of fair and
regular trial;
(6) Arbitrary deportation or forcible transfer
of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war
or other protected person to serve in the forces
of a hostile power; and
(9) Unjustifiable delay in the repatriation of
prisoners of war or other protected persons.
(b) In case of a non-international armed conflict,
serious violations of common Article 3 to the four (4) Geneva
Conventions of 12 August 1949, namely , any of the
following acts committed against persons taking no active
part in the hostilities, including member of the armed forces
who have laid down their arms and those placed hors de
8

combat by sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular,
willful killings, mutilation, cruel treatment and
torture;
(2) Committing outrages upon personal
dignity, in particular, humiliating and degrading
treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the
carrying out of executions without previous
judgment pronounced by a regularly constituted
court, affording all judicial guarantees which are
generally recognized as indispensable.
(c) Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
(1) Internationally directing attacks against
the civilian population as such or against individual
civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against
civilian objects, that is, object which are not
military objectives;
(3) Intentionally directing attacks against
buildings, material, medical units and transport,
and personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in
conformity with intentional law;
(4) Intentionally directing attacks against
personnel, installations, material, units or vehicles
involved in a humanitarian assistance or
peacekeeping mission in accordance with the
Charter of the United Nations, as ling as they are
entitled to the protection given to civilians or
civilian objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge
that such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or
widespread, long-term and severe damage to the
natural environment which would be excessive in
relation to the concrete and direct military
advantage anticipated;
(6) Launching an attack against works or
installations containing dangerous forces in the
knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to civilian
objects, and causing death or serious injury to
body or health.
(7) Attacking or bombarding, by whatever
means, towns, villages, dwellings or buildings
which are undefended and which are not military
objectives, or making non-defended localities or
demilitarized zones the object of attack;
(8) Killing or wounding a person in the
Criminal Law II Review Notes
knowledge that he/she is hors de combat,
including a combatant who, having laid down
his/her arms or no longer having means of
defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of
the flag or the military insignia and uniform of the
enemy or of the United Nations, as well as of the
distinctive emblems of the Geneva Conventions or
other protective signs under International
Humanitarian Law, resulting in death, serious
personal injury or capture;
(10) Intentionally directing attacks against
buildings dedicated to religion, education, art,
science or charitable purposes, historic
monuments, hospitals and places where the sick
and wounded are collected, provided they are not
military objectives. In case of doubt whether such
building or place has been used to make an
effective contribution to military action, it shall be
presumed not to be so used;
(11) Subjecting persons who are in the power
of an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or to
removal of tissue or organs for transplantation,
which are neither justified by the medical, dental
or hospital treatment of the person concerned nor
carried out in his/her interest, and which cause
death to or seriously endanger the health of such
person or persons;
(12) Killing, wounding or capturing an
adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's
property unless such destruction or seizure is
imperatively demanded by the necessities of war;
(15) Pillaging a town or place, even when
taken by assault;
(16) Ordering the displacements of the
civilian population for reasons related to the
conflict, unless the security of the civilians involved
or imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the
occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;
(18) Committing outrages upon personal
dignity, in particular, humiliating and degrading
treatments;
(19) Committing rape, sexual slavery,
enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva
Conventions or a serious violation of common
Article 3 to the Geneva Conventions;
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(20) Utilizing the presence of a civilian or
other protected person to render certain points,
areas or military forces immune from military
operations;
(21) Intentionally using starvation of civilians
as a method of warfare by depriving them of
objects indispensable to their survival, including
willfully impeding relief supplies as provided for
under the Geneva Conventions and their Additional
Protocols;
(22) In an international armed conflict,
compelling the nationals of the hostile party to
take part in the operations of war directed against
their own country, even if they were in the
belligerent's service before the commencement of
the war;
(23) In an international armed conflict,
declaring abolished, suspended or inadmissible in
a court of law the rights and actions of the
nationals of the hostile party;
(24) Committing any of the following acts:
(i) Conscripting, enlisting or
recruiting children under the age of
fifteen (15) years into the national
armed forces;
(ii) Conscripting, enlisting or
recruiting children under the age of
eighteen (18) years into an armed force
or group other than the national armed
forces; and
(iii) Using children under the age of
eighteen (18) years to participate
actively in hostilities; and
(25) Employing means of warfare which are
prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or
other gases, and all analogous liquids,
materials or devices;
(iii) Bullets which expand or flatten
easily in the human body, such as
bullets with hard envelopes which do
not entirely cover the core or are
pierced with incisions; and
(iv) Weapons, projectiles and
material and methods of warfare which
are of the nature to cause superfluous
injury or unnecessary suffering or which
are inherently indiscriminate in violation
of the international law of armed
conflict.
Any person found guilty of committing any of the
acts specified herein shall suffer the penalty provided under
Criminal Law II Review Notes
Section 7 of this Act.
2. Genocide
(a) For the purpose of this Act, "genocide" means any of
the following acts with intent to destroy, in whole or in part,
a national, ethnic, racial, religious, social or any other similar
stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to
members of the group;
(3) Deliberately inflicting on the group
conditions of life calculated to bring about its
physical destruction in whole or in part;
(4) Imposing measures intended to prevent
births within the group; and
(5) Forcibly transferring children of the group
to another group.
(b) It shall be unlawful for any person to directly and
publicly incite others to commit genocide.
Any person found guilty of committing any of the acts
specified in paragraphs (a) and (b) of this section shall suffer
the penalty provided under Section 7 of this Act.
3. Other crimes against Humanity
For the purpose of this act, "other crimes against
humanity" means any of the following acts when committed
as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer
of population;
(e) Imprisonment or other severe deprivation
of physical liberty in violation of fundamental rules
of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence
of comparable gravity;
(h) Persecution against any identifiable group
or collectivity on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as
impermissible under international law, in
connection with any act referred to in this
paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of
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 Criminal Law II Review Notes

persons;

(j) Apartheid; and

(k) Other inhumane acts of a similar

character intentionally causing great suffering, or
serious injury to body or to mental or physical
health.

Any person found guilty of committing any of the acts

specified herein shall suffer the penalty provided under
Section 7 of this Act.

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