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Crimes Against National Security & Laws

The document outlines various crimes against national security, including treason, espionage, and rebellion, along with their respective penalties. It details the legal repercussions for actions such as conspiracy to commit treason, arbitrary detention, violation of domicile, and disruption of religious worship. Additionally, it addresses crimes against public order, including illegal assemblies and assaults on authority figures, specifying penalties for each offense.
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0% found this document useful (0 votes)
17 views16 pages

Crimes Against National Security & Laws

The document outlines various crimes against national security, including treason, espionage, and rebellion, along with their respective penalties. It details the legal repercussions for actions such as conspiracy to commit treason, arbitrary detention, violation of domicile, and disruption of religious worship. Additionally, it addresses crimes against public order, including illegal assemblies and assaults on authority figures, specifying penalties for each offense.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CHAPTER ONE

CRIMES AGAINST NATIONAL SECURITY

SECTION ONE.-Treason and espionage

Article 114. Treason.-Any person who, owing allegiance to the United States or the Government
of the Philippine Islands, not being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be
punished by reclusion temporal to death and shall pay a fine not to exceed 20,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the
same overt act or on confession of the accused in open court.

Article 115. Conspiracy and proposal to commit treason-Penalty.-The conspiracy or proposal to


commit the crime treason. to commit of treason shall be punished respectively, by prision
mayor and a fine not exceeding 10,000 pesos, and by prision correccional and a fine not
exceeding 5,000 pesos.

Article 116. Misprision of treason.-Every person owing allegiance to the United States or the
Government of the Philippine Islands, without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not 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, as the case may be, shall be punished as an accessory to the crime of treason.

Article 117. Espionage.-The penalty of prision correccional shall be inflicted upon any person
who:

1. Without authority therefor, enter a warship, fort or naval or military establishment or


reservation to obtain any information, plans, photographs or other data of a confidential nature
relative to the defence of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data or
information referred to in the preceding paragraph, discloses their contents to a representative
of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or
employee.

SECTION TWO.-Provoking war and disloyalty in case of war

Article 118. Inciting to war or giving motives for reprisals.-The penalty of reclusion temporal
shall be imposed upon any public officer or employee, and that of prision mayor upon any
private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war
involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on
their persons or property.

Article 119. Violation of neutrality.-The penalty of prision correccional shall be inflicted upon
anyone who, on the occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing neutrality.

Article 120. Correspondence with hostile country.-Any person, who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops shall be
punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and


3. By reclusion temporal, if notice or information be given thereby which might be useful to the
enemy. If the offender intended to aid the enemy by giving such notice or information he shall
suffer the penalty of reclusion temporal to death.

Article 121. Flight to enemy's country.-The penalty of arresto mayor shall be inflicted upon any
person who, owing allegiance to the Government, attempts to flee or go to an enemy country
when prohibited by competent authority.

SECTION THREE.-Piracy and mutiny on the high seas

Article 122. Piracy in general and mutiny on the high seas.-The penalty of reclusion temporal
shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not
being a member of its complement nor a passenger, shall seize the whole or part of the cargo of
said vessel, its equipment or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas.

Article 123. Qualified piracy.-The penalty of reclusion temporal to death shall be imposed upon
those who commit any of the crimes referred to in the preceding article, under any of the
following circumstances:

1. Whenever they have seized a 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.

TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER ONE

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,


INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS
WORSHIP.

SECTION ONE.-Arbitrary detention and expulsion

Article 124. Arbitrary detention.-Any public officer or employee who, without legal grounds,
detains a person, shall suffer:

1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the detention has not exceeded three days;

2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but
not more than six months; and

4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for the detention of
any person.
Article 125. Delay in the delivery of detained persons to the proper judicial authorities.-The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of one hour.

Article 126. Delaying release.-The penalties provided for in article 124 shall be imposed upon
any public officer or employee who delays for the period of time specified therein the
performance of any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person.

Article 127. Expulsion.-The penalty of prision correccional shall be imposed upon any public
officer or employee who, not being thereunto authorized by law, shall expel any person from
the Philippine Islands or shall compel such person to change his residence.

SECTION TWO.-Violation of domicile

Article 128. Violation of domicile.-The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or, having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting
evidence of a crime be not returned immediately after the search made by the offender, the
penalty shall be prision correctional in its medium and maximum periods.

Article 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained.-In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any public officer
or employee who shall procure a search warrant without just cause, or, having legally procured
the same, shall exceed his authority or use unnecessary severity in executing the same.

Article 130. Searching domicile without witnesses.-The penalty of arresto mayor in its medium
and maximum periods shall be imposed upon a public officer or employee who, in cases where
a search is proper, shall search the domicile, papers or other belongings of any person, in the
absence of the latter, any member of his family, or in their default, without the presence of two
witnesses residing in the same locality.

SECTION THREE.-Prohibition, interruption, and dissolution of peaceful meetings

Article 131. Prohibition, interruption, and dissolution of peaceful meetings.-The penalty of


prision correccional in its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any
person from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or
hinder any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances.

SECTION FOUR.-Crimes against religious worship

Article 132. Interruption of religious worship.-The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.
Article 133. Offending the religious feelings.-The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall be imposed upon anyone who, in a
place devoted to religious worship or during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the faithful.

TITLE THREE

CRIMES AGAINST PUBLIC ORDER

CHAPTER ONE

REBELLION, SEDITION AND DISLOYALTY

Article 134. Rebellion or insurrection-How committed.-The crime of rebellion or insurrection is


committed by rising publicly and taking arms against the Government for the purpose of
removing from the allegiance to said Government or its laws, the territory of the Philippine
Islands or any part thereof of any body of land, naval or other armed forces, or of depriving the
Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

Article 135. Penalty for rebellion or insurrection.-Any person who promotes, maintains, or heads
a rebellion or insurrection, or who, while holding any public office or employment takes part
therein, engaging in war against the forces of the Government, destroying property or
committing serious violence, exacting contributions or diverting public funds from the lawful
purpose for which they have been appropriated, shall suffer the penalty of prision mayor and a
fine not to exceed 20,000 pesos.

Any person merely participating or executing the commands of others in a rebellion shall suffer
the penalty of prision mayor in its minimum period.
When the rebellion or insurrection shall be under the command of unknown leaders, any
person who in fact directed the others, spoke for them, signed receipts and other documents
issued in their name, or performed similar acts, on behalf of the rebels shall be deemed the
leader of such rebellion.

Article 136. Conspiracy and proposal to commit rebellion or insurrection.-The conspiracy and
proposal to commit rebellion or insurrection shall be punished, respectively, by prision
correccional in its maximum period and a fine which shall not exceed 5,000 pesos, and by
prision correccional in its medium period and a fine not exceeding 2,000 pesos.

Article 137. Disloyalty of public officers or employees.-The penalty of prision correccional in its
minimum period shall be imposed upon public officers or employees who have failed to resist a
rebellion by all the means in their power, or shall continue to discharge the duties of their
offices under the control of the rebels or shall accept appointment to office under them.

Article 138. Inciting to rebellion or insurrection.-The penalty of prision mayor in its minimum
period shall be imposed upon any person who, without taking arms or being in open hostility
against the Government, shall incite others to the execution of any of the acts specified in
article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end.

Article 139. Sedition-How committed.-The crime of sedition, is committed by persons who rise
publicly and tumultuously in order to attain by force any of the following objects:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the Insular Government, or any provincial or municipal government or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons
or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the Insular
Government or the Government of the United States, of all its property or any part thereof.

Article 140. Penalty for sedition.-The leader of a sedition shall suffer the penalty of prision
mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its
maximum period and a fine not exceeding 5,000 pesos.

Article 141. Conspiracy to commit sedition.-Persons conspiring to commit the crime of sedition
shall be punished by prision correctional in its medium period and a fine not exceeding 2,000
pesos.

Article 142. Inciting to sedition.-The penalty of prision correccional in its maximum period and a
fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any
direct part in the crime of sedition, should incite others to the accomplishment of any of the
acts which constitute sedition, by means of speeches, proclamations, writings, emblems,
cartoons, banners, or other representations tending to the same end.

CHAPTER TWO

CRIMES AGAINST POPULAR REPRESENTATION

SECTION ONE.-Crimes against legislative bodies and similar bodies


Article 143. Acts tending to prevent the meeting of the Legislature and similar bodies.-The
penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who by force or fraud prevents the meeting of either of the Houses
of the Legislature or of any provincial board or municipal council.

Article 144. Disturbance of proceedings.-The penalty of arresto mayor or a fine ranging from
200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of either of
the Houses of the Legislature or of any provincial board or municipal council, or in the presence
of any such bodies should behave in such manner as to interrupt its proceedings or to impair
the respect due to it.

SECTION TWO.-Violation of parliamentary immunity

Article 145. Violation of parliamentary immunity.-The penalty of prision mayor shall be imposed
upon any person who shall use force, intimidation, threats, or fraud to prevent any member of
either House of the Legislature from attending the meetings thereof, from expressing his
opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any
public officer or employee who shall, while the Legislature is in session, knowingly arrest or
search any member thereof, except in case such member has committed a crime punishable
under this Code by a penalty higher than prision mayor.

CHAPTER THREE

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146. Illegal assemblies.-The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be imposed upon the organizers or leaders of
any meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code, or of any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person
in authority or his agents. Persons merely present at such meetings shall suffer the penalty of
arresto mayor.
Article 147. Illegal associations.-The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors,
and presidents of associations totally or partially organized for the purpose of committing any of
the crimes punishable under this Code or for some purpose contrary to public morals. Mere
members of said associations shall suffer the penalty of arresto mayor.

CHAPTER FOUR

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR
AGENTS

Article 148. Direct assaults.-Any person or persons who, direct assaults, without a public
uprising, shall employ force or intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force or
seriously intimidate or resist any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance, shall suffer the penalty of
prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos,
when the assault is committed with a weapon or when the offender is a public officer or
employee, or when the offender lays hands upon a person in authority. If none of these
circumstances be present the penalty of prision correccional in its minimum period and a fine
not exceeding 500 pesos shall be imposed.

Article 149. Indirect assaults.-The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be imposed upon any person who shall make
use of force or intimidation upon any person coming to the aid of the authorities or their agents
on occasion of the commission of any of the crimes defined in the next preceding article.

Article 150. Disobedience to summons issued by a legislative body or committee, and refusal to
testify before same.-The penalty of arresto mayor or a fine ranging from 200 mittee, and refusal
to to 1,000 pesos, or both such fine and imprisonment, shall be imposed upon any person who,
having been duly summoned to attend as a witness before either House of the Legislature, or
before any committee thereof, refuses, without legal excuse, to obey such summons, or being
present before any such body or committee refuses to be sworn or placed under affirmation or
to answer any legal inquiry or to produce any books, papers, documents, or records in his
possession, when required by them to do so in the exercise of their functions.

Article 151. Resistance and disobedience to a person in authority or the agents of such person.-
The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any
person who not being included in the provisions of the preceding articles shall resist or seriously
disobey any person in authority, or the agents of such person, while engaged in the
performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature the
penalty of arresto menor or a fine ranging from 10 to 100 pesos shall be imposed upon the
offender.

Article 152. Person in authority-Who shall be deemed as such.-In applying the provisions of the
preceding and other articles of this Code, any person directly vested with jurisdiction, whether
as an individual or as a member of some court or governmental corporation, board or
commission, shall be deemed a person in authority.

CHAPTER FIVE

PUBLIC DISORDERS

Article 153. Tumults and other disturbances of public order-Tumultuous disturbance or


interruption liable to cause disturbance.-The penalty of arresto mayor in its medium period to
prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be
imposed upon any person who shall cause any serious disturbance in a public place, office, or
establishments, or shall interrupt or disturb public performances, functions or gatherings, or
peaceful meetings, if the act is not included in the provisions of articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or
interruption of a tumultuous character.
The disturbance or interruption shall be deemed to be tumultuous if caused by more than three
persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting,
association, or public place, shall make any outcry tending to incite rebellion or sedition or in
such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed 200 pesos shall be imposed upon those
persons who in violation of the provisions contained in the last clause of article 85 shall bury
with pomp the body of a person who has been legally executed.

Article 154. Unlawful use of means of publication.-The penalty of arresto mayor or a fine
ranging from 200 to 1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication, shall
maliciously publish as news any false news which may endanger the public order or cause
damage to the interest or credit of the State;

2. Any person who by the same means, shall encourage disobedience to the law or to the
constituted authorities or praise, justify or extol any act punished by law;

3. Any person who shall maliciously publish any official resolution or document without proper
authority, or before they have been published officially; or

4. Any person who shall print or publish books, pamphlets, periodicals, or leaflets which do not
bear the real printer's name.

Article 155. Alarms and scandals.-The penalty of arresto menor or fine not exceeding 200 pesos
shall be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm, rocket,
firecracker, or other explosive calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or

4. Any person who while intoxicated or otherwise, shall cause any disturbance or scandal in
public places, provided that the circumstances of the case shall not make the provisions of
article 153 applicable.

Article 156. Delivering prisoners from jails.-The penalty of arresto mayor in its maximum period
to prision correccional in its minimum period shall be imposed upon any person who shall
remove from any jail or penal establishment any person confined therein or shall help the
escape of such person, by means of violence, intimidation, or bribery. If other means are used
the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards
by surprise, the same penalties shall be imposed in their minimum period.

CHAPTER SIX

EVASION OF SERVICE OF SENTENCE

Article 157. Evasion of service of sentence.-The penalty of prision correccional in its medium
and maximum periods shall be imposed upon any convict who shall evade service of his
sentence by escaping during the term of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by means of unlawful entry, by
breaking doors, windows, grates, walls, roofs, or floors, or by using picklocks, false keys,
disguise, deceit, violence or intimidation, or through connivance with other convicts or
employees of the penal institution, the penalty shall be prision correccional in its maximum
period.

Article 158. Evasion of service of sentence on the occasion of disorders, conflagrations,


earthquakes, or other calamities.-A convict who shall evade the service of his sentence, by
leaving the penal institution where he shall have been confined, on the occasion of disorder
resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny
in which he has not participated, shall suffer an increase of one-fifth of the time still remaining
to be served under the original sentence, which in no case shall exceed six months, if he shall
fail to give himself up to the authorities within forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give
themselves up to the authorities within the above mentioned period of 48 hours, shall be
entitled to the deduction provided in article 98.

Article 159. Other cases of evasion of service of sentence.-The penalty of prision correccional in
its minimum period shall be imposed upon the convict who, having been granted conditional
pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if
the penalty remitted by the granting of such pardon be higher than six years, the convict shall
then suffer the unexpired portion of his original sentence.

CHAPTER SEVEN

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER


PREVIOUS OFFENSE

Article 160. Commission of another crime during service of penalty imposed for another
previous offense-Penalty.-Besides the provisions of rule 5 of article 62, any person who shall
commit a felony after having been convicted by final judgment, before beginning to serve such
sentence, or while serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be
pardoned at the age of seventy years if he shall have already served out his original sentence, or
when he shall complete it after reaching said age, unless by reason of his conduct or other
circumstances he shall not be worthy of such clemency.

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