Criminal Law II: Matrices

CRIMINAL LAW 2

MATRIX 1

Art. 122 PIRACY IN GENERAL AND MUTINY ON TH HIGH SEAS OR IN PHILIPPINE WATERS

	Piracy Art. 122	Mutiny	Robbery on the High Seas	Piracy PD 532	RA 7659
Definition	robbery or forcible depredation on the high seas without lawful authority and done with intent to steal.	It is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander.	Robbery with intimidation of persons or force upon things in taking the property in the vessel	(The Anti-Piracy and Anti-Highway Robbery Law of 1974)	superseded Presidential Decree No. 532
As to the Offender	by a stranger/ persons who  are not members of the complement or the passengers of the vessel.	by the other members of the complement and may be committed by the passengers of the vessel.	member of the complement or a passenger of the vessel	any person, including a passenger or member of the complement of a vessel (amended)	any person who, on the high seas, or in Philippine waters, 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 passengers.
As to Intent	to steal is essential/ intent to gain	to ignore the ship’s officers or they may be prompted bya desire to commit plunder	intent to gain	intent to gain	intent to gain
Place of Commission	(1) that which is punished under the RPC if committed in the high seas; and (2) that which is punished under PD 532 if committed in Philippine territorial waters.	on the high seas or Philippine waters		punishes piracy, but not mutiny, in Philippine territorial waters.	punishes piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters
Manner of Commission	(a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.	(a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.	violence against or intimidation of persons or force upon things in taking the property in the vessel	any attack upon or seize of any vessel, or the taking away of the whole or part thereof or 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	(a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.

MATRIX 2

CRIMES AGAINST PUBLIC ORDER

	Rebellion	Sedition	Coup d’etat
Purpose	to overthrow and supersede the existing government; withdraw from the allegiance of the government; always political	violation of public peace; to express their dissent and obedience to the government or to the authorities concerned; may be political or social;	destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers
Manner of Commission	rising publicly and taking arms against the government	Rising publicly and tumultuously (must concur)	swift attack accompanied by violenece, intimidation, threat, strategy, or stealth
Offender	public persons and private persons (more than 1 person)		military, police, or public officer or employee (1 person or a multitude)
Nature	public uprising with the taking up of arms;  requires a multitude of people.	sufficient that the public uprising be tumultuous	may be committed singly or collectively and does not require a multitude of people
Target of Attack	government	Not necessarily against the government	authorities of the Philippines, military camp, installation, communication networks, public utilities or other facilities