Criminal Law Book 2
Criminal Law Book 2
Criminal Law Book 2
BOOK 2
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
❖ breach of allegiance to a government and can only be committed by a person who owes
allegiance.
❖ What is allegiance?
- the obligation of fidelity and obedience which individuals owe to the government
under which they live, or to their sovereign in return for the protection which
they receive.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
TREASON ESPIONAGE
❖ ELEMENTS:
❖ ELEMENTS:
❖ ELEMENTS:
❖ ELEMENTS:
• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
PIRACY – it is robbery or forcible depredation on the high seas, without lawful authority and done with
intent to steal.
NOTE: The offender is neither a passenger nor a member of the complement. Offender may be punished in
the competent tribunal of any country where the offender may be found or into which he may be carried.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
MUTINY – it is robbery or forcible depredation on the high seas, without lawful authority and done with
intent to steal.
• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
PIRACY UNDER RPC PIRACY UNDER P.D 532
NOTE: it is a special complex crime (that is why crimes mentioned above are absorbed.)
(In mutiny, 2&3 must be present to become qualified)
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
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;
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;
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable,
corrosive, explosive or poisonous substances;
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.
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE
➢ They are called crimes against the fundamental laws of the State because they violate
certain provisions of the Bill of Rights under the 1987 Constitution.
➢ All offenses in this Title are required to be committed by public officers except ART. 133
(offending the religious feelings)
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE
ELEMENTS:
1. Offender is a public officer vested with the authority and jurisdiction to effect arrest and
detain a person;
2. He detains a person;
3. Detention is without legal grounds
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE