SPECIAL PENAL LAWS

PD 532

RA 9165

PLUNDER

RA 9344

RA 7610

RA 9775

PD 1613

ANTI-CARNAPPING LAW

ANTI-FENCING LAW

ANTI-CATTLE RUSTLING LAW

CYBERCRIME LAW

RA 10591

RA3019

AMLA

RA 9208 aab RA 10364

RA 9262

RA 9995

BP 22

Title 1.

CRIMES AGAINST NATIONAL SECURITY

1. Treason (Art. 114)

2. Conspiracy and proposal to commit

treason (Art. 115)

3. Misprision of treason (Art. 116)

4. Espionage

CRIMES AGAINST THE LAW OF NATIONS:

1. Inciting to war or giving motives for

reprisals (Art. 118)

2. Violation of neutrality (Art. 119)

3. Correspondence with hostile

country (Art. 120)

4. Flight to enemys country (Art. 121)

5. Piracy in general and mutiny on the

high seas (Art. 122)

Art. 2 on extra-territoriality applies

(compare with universal jurisdiction and

transnational crime)

TITLE I. CRIMES AGAINST NATIONAL

SECURITY

TREASON

Committed two ways:

a. Levying war against the

Philippines:

- There must be an actual

assemblage of men;

- Purpose must be to deliver

in whole or in part to the

enemy;

- In collaboration with

foreign enemy or some

foreign sovereign

b. Adhering to the enemies, giving

them aid and comfort

Treason is essentially a war crime

How proved:

o Two witness rule for the same

overt act; OR

o Confession by accused in open

court

Crimes that can be committed during

peace time:

1. Espionage

2. Inciting to war or giving motives for

reprisals

3. Violation of neutrality

4. Piracy and mutiny

Misprision is only punishable in

Treason, and cannot be committed by a

foreigner. It is committed by dolo, not

by culpa, although it is a crime by

omission.

Criminal liability arises even if the

activity is still in its conspiracy stage, for

the duty to report is crucial. If

misprision is committed by parents or

children of conspirators, Art. 20 No. 3

on accessories does not apply. They are

liable as principal for misprision.

The defenses of righteous action (that

the collaborator also helped save some

guerillas from death) and of suspended

allegiance (by reason of change of

sovereignty) were declared untenable.

(PP v. Victoria, 78 Phil 122; Laurel v.

Misa, 77 Phil 856)

Can treason be complexed with

common crimes?

No. Treason absorbs crimes

committed in the furtherance

thereof (PP v. Prieto, 80 Phil 138)

ART. 117. ESPIONAGE

Acts punished:

- Entering without authority

a warship to obtain

information of a

confidential nature relative

to the defense of the

Philippines.

- Disclosing to the

representative of a foreign

nation the contents of the

information referred to

above which he had by

reason of his public office.

- Note: This is obviously

outdated. Espionage by

hacking computers in not

covered here.

ART. 118 INCITING TO WAR AND GIVING

MOTIVES FOR REPRISALS

This crime may be committed by a

public officer or by a private

individual

Was the incident in Sabah a

violation of this law? (though

committed abroad, extra-

territoriality applies)

Was the shooting of a Taiwanese

fisherman a violation of this law?

(the act was in fulfillment of a duty,

although there were lapses on the

compliance to the Rules on

Engagement)

ART. 119 VIOLATION OF NEUTRALITY

There must be a regulation to

enforce neutrality that is being

violated

ART. 120 CORRESPONDENCE WITH

HOSTILE COUNTRY

Another war crime

The law uses the word with, not

to an enemy country

ART. 121. FLIGHT TO ENEMY COUNTRY

Going to the enemy country must be

prohibited by competent authority

FOREIGN COUNTRY

Except for Piracy and Mutiny, the

crimes punished under Title I have a

foreign country ingredient as a

general rule.

In Espionage, Par. 1 does not

mention of a foreign country

involvement, but Par. 2 specifically

mentions it.

PIRACY

Pertinent Laws:

1. Art. 122 on Piracy in general and

Art. 123 on Qualified Piracy

- Piracy and Mutiny can be

committed on the high

seas only. Penalty was

Reclusion Temporal.

2. PD 532

- Piracy only in the

Philippine waters

punished, but not

Mutiny. Any person may

commit Piracy. (PP v.

Tulin, Aug. 30, 2001.)

Reclusion temporal

unless other crmes are

committed. All kinds of

boats included.

3. RA 7659

- Piracy and Mutiny on the

high seas and Philippine

waters punished, with a

higher penalty, i.e.,

reclusion perpetua.

Piracy cannot be

committed by a

passenger or crew

irrespective of venue.

Amends Art. 122.

4. PD 6235

- Anti Hijacking Law

applies for aircraft

Note: Aiding and abetting Piracy

under RA 532 still stands

PP vs. TULIN, Aug. 30, 2001

o Although PD 532 requires

that the attack and seizure of

the vessel and its cargo be

committed in Philippine

waters, the disposition of the

pirates of the vessel and its

cargo is still deemed part of

the act of piracy, hence the

same need not be committed

in Philippine waters.

o The principle on extra-

territoriality also applies in

PD 532.

NOTE: the crime in Tulin was

committed in 1991, before the

enactment of RA 7659

Piracy must be committed with

intent to gain

It must be with the use of force

upon things or violence or

intimidation against persons,

otherwise the crime would be Theft

There is no complex crime of Piracy

with homicide, murder, rape,

physical injuries. The crime would be

Qualified Piracy.

MUTINY

Committed by crew or passengers

There can be Qualified Mutiny if:

1. The offender abandons the

victims;

2. When murder, homicide, rape or

physical injuries accompany the

same

The qualifiers of boarding and firing

do not apply to mutiny because the

offenders are presumed to have

boarded legally as crew or

passengers