Crimes against National Security and Crimes against person

3. A citizen owes not a qualified or temporary but an
absolute and permanent allegiance to his government,
allegiance being obligation of fidelity and obedience to the
government in return to the protection received.
Thus, both citizens and aliens can be liable for treason.
(Laurel vs Misa)

4. Can only be committed during war time.
1. Levying war against the Philippines
2. Adhering to her enemies (referred to Art. 114-is a
foreign country) (US vs Lagnayon)
3. Giving aid or comfort within the Philippines or
elsewhere.

5. It cannot refer to rebels covered by Art. 135 on rebellion and
insurrection which are acts against the government of its own
citizens.
MISPRISON OF TREASON—is a failure of a citizen to report as soon
as possible a conspiracy against the government. But there must be
a war where the Philippines is a party.
Conspiracy to overthrow the government when there is no war is
rebellion and misprision of rebellion is not punishable under the
Code.

6. A person who fails to report a conspiracy to
overthrow the government during peace time is
not criminally liable as misprision of treason
because treason is committed ONLY DURING
WARTIME.
Misprision offender shall be “punished as an
accessory to the crime treason”.

7. No person shall be convicted thereof unless on the
testimony of 2 witnesses to the same overt act.
If 2 witnesses must also testify to each part of the
overt act for conviction. (PP vs Adriano)
Accused may also be convicted upon his
confession in open court.

8. PIRACY MUTINY
1. The offenders are not members
of the complement of the vessel
or passenger
1. They are passengers and members of
the complement vessel
2. Essence: ROBBERY—the taking
or seizure of the vessel or cargo or
personal belongings of the
passengers. (committed ONLY by
outsiders)
2. Passengers and/or members of the
complement raise commotion to
PROTEST against lawful command of the
captain, employing violence and
endangering the safety of passengers.

9. COMMITTED UNDER ANY OF THE FOLLOWING:
1. Offenders seize a vessel by boarding or firing upon the
same
2. The pirates abandon their victims without means of
saving themselves
3. The crimes is accompanied by murder, homicide, physical
injuries or rape (crime against person)

11. is committed by a PUBLIC OFFICER whose official duty
gives him the authority to arrest and detain persons.
For other kinds of public officers, it is illegal detention.
A detention without lawful causes by barangay officials
constitute arbitrary detention because they are person in
authority. (they are vested with authority to cause arrest in
maintenance of peace and order in the barangay)

12. Art. 124 is committed by a public officer authorized to arrest and
detained a person but he does so without lawful cause.
UNLAWFUL ARREST (Art. 269)– is by a private individual or public
officer who feigned to arrest a person without any legal cause, the
purpose (which is the essence of 269) is to bring him to authority
and file a charge.
If a charge is filed, the detention is deemed an incident of the arrest
and filing of charges against him. It is the arrest that is penalized.

13. Art. 125—Detention becomes arbitrary ONLY when the time required to
file a charge against the detainee lapses.
There was a legal cause for arresting without a warrant.
If there is a warrant of arrest, Art. 125 cannot be violated.
DELIVERY means the filing of correct information with the proper court.
(or constructive delivery)
PURPOSE is determine whether the offense is bailable or not. If with a
warrant, the arresting officer need only make a return, not file a charge.

14. Is contemplated circumstances under Section 5(a), Rule 113 is arrest “IN
FLAGRANTE DELICTO” under Section 5(b) is a ‘HOT PURSUIT” arrest.
VALID WARRANTLESS SEARCHES ARE LIMITED TO THE FOLLOWING:
1. Custom searches (hot pursuit) 5. airport checkpoints
2. Search of moving vehicles 6.COMELEC checkpoints
7. stop and frisk
3. Seizure of evidence in plain view 8. search incidental to lawful arrest
4. Consent searches 9. special operation checkpoint

15. Begins to operate as soon as the investigation ceases to be a
general inquiry into an unsolved crime and begins to focus on a
particular suspect.
ELEMENTS:
1. The suspect is deprived of liberty in any significant manner
2. The interrogation is initiated by law enforcement authorities
3. The interrogation is inculpatory in character

16. Application of actual force, manual touching of the
body, physical restraint or a formal declaration of
arrest is not required.
R.A. 7438, the requisite of custodial investigation
are applicable to a person “invited” for questioning.
(Sanchez vs Demetriou)

17. 1. SUBJECT– those covered by a general inquiry into an
unsolved crime;
2. SUSPECT– inquiry ceases to be general and focuses on
the person as probable criminal agent. The right of custodial
investigation begins to operate;
3. DETAINEE OR DETENTION PRISONER–one who is prison
who has yet to be charged or one whose case has not been
terminated or decided;

18. 4. ACCUSED– preliminary investigation may have been
completed and an information filed in court. The right
against self-incrimination, the right to be informed of the
nature and cause of accusation against him, and similar
RIGHTS IN THE CONSTITUTION.
5. CONVICT– accused who was founded guilty who may or
may not have appealed his case.

19. Crime against the constitutional rights of
abode and changing the same.
Is violated when citizens or aliens are
deported without an order of the President or
the Commission in Immigration and Deportation
after due proceedings. (Villavicencio vs Lukban)

20. Any public officer or employee who NOT being
AUTHORIZED by law, expel any person from the
Philippines or shall compel such person to
change his residence is penalized of prision
correctional (6months and 1 day-6 years).

21. ONLY the President of the Philippines in the
exercise of his “Power of Deportation” and the
courts after final judgment sentencing the
accused to destierro or as a condition in his
probation are authorized by law to expel or
compel persons to change abode.

22. Crime is committed by a public officer
authorized to implement a search warrant
or warrant of arrest but at the time of the
incident he is not authorized to do so by
judicial order thru warrant.

23. CONSTITUTE VIOLATION OF DOMICILE:
1. The public officer enters any dwelling against the will of
the owner thereof;
2. Allowed entry but thereafter he searches papers or other
effects found therein without the previous consent of
such owner;
3. Having surreptitiously entered said dwelling and being
required to leave the premises, he refuse to do so.

24. “Against the will” denotes that the offender ignored the
prohibition of the owner which may be express or implied
as when the door is closed even though not locked.
When the member of the household who admitted the
officer is one with sufficient discretion, the right to privacy is
waived hence prohibition thereafter made can no longer
constitute the crime of violation of domicile. At most,
refusal to leave is only UNJUST VEXATION.

25. When the officer starts to search, the
owner or household should prohibit
immediately the search otherwise the
incident will fall under consented search
and this is not violated.

26. Even if the search warrant is valid STILL violation of domicile is
committed when:
1. The officer exceeded his authority under the search warrant;
2. The searching officer employed excessive severity or destruction
in the house and;
3. The search was made when the occupants were absent and the
search is conducted without at least 2 witnesses who must come
within the locality where the search was made.

27. ELEMENTS:
1.Issued upon probable cause
2.Personally issued by the judge
3.After examination under oath or affirmation of the
complainant and the witnesses he may produce

28. Searches, seizures and arrests are normally
unreasonable UNLESS authorized by a validly issued
warrant.
It must be served in the day time unless the property is
on the person or in the placed ordered to be searched in
which case a direction may be inserted that it be served
at any time of the day or night. (Section 9)

29. THANK YOU FOR READING!
CHELDHAYE