BOOK TWO (CRIMES AND PENALTIES)

TITLE ONE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

(CHAPTER ONE)

CRIMES AGAINST NATIONAL SECURITY

What are the crimes comprising Title I of Book II?

a. Treason (114);
b. Conspiracy and proposal to commit treason (115);
c. Misprision of treason (116);
d. Espionage (117);
e. Inciting to war and giving motives for reprisal (118);
f. E Violation of neutrality (119);
g. Correspondence with hostile country (120);
h. Flight to enemy country (121);
i. Piracy and mutiny (122); and
j. Qualified piracy (123)

Is rebellion a crime against national security?

No. Rebellion is included in crimes against public order. As such, it is not among the
exceptions to the territoriality rule under Article 2 (5) which covers crime under this Title.
Hence, rebellion planned and carried out outside of the Philippines is not within this
jurisdiction.

Section One. Treason and Espionage

Art. 114. Treason. Any Filipino citizen who levies war against the Philippines or adheres to
her enemies, giving them aid or comfort within the Philippines or elsewhere,

NOTES AND CASES ON THE REVISED PENAL CODE

 Shall be punished by reclusion perpetua to death and shall pay a fine not to exceed
100,000 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.
 Likewise, an alien, residing in the Philippines, who commits acts of treason as defined
in paragraph 1 of this article shall be punished by reclusion temporal to death and
shall pay a fine not to exceed 100,000 pesos. (As amended by Sec. 2, R.A. No. 7659.)

Who can be liable for the crime of treason?

 Both citizens and aliens can be liable for treason, for citizens, as they owe permanent
allegiance to the Philippines as such. For aliens, because for their presence here, they
owe temporary allegiance to this country which is bound to extend to them the same
protection accorded its citizens.

What kind of allegiance do citizens and aliens owe this country?

 A citizen or subject owes, not a qualified or temporary, but an absolute and

permanent allegiance, which consists in the obligation of fidelity and obedience to his
government or sovereign; and that this absolute and permanent allegiance should
not be confused with the qualified and temporary allegiance which a foreigner owes
to the government or sovereign of the territory wherein he resides, so long as he
remains there, in return for the protection he receives and which consists in the
obedience to the laws of the government or sovereign. (Laurel v. Misa, January 1947)

What is allegiance?
  Allegiance is the obligation for fidelity and obedience which the individual owes to his
government or to his sovereign in return for the protection which he receives. (id.)

What is the two-witness rule?

 No person shall be convicted of treason unless on the testimony of two witnesses to

the same overt act. If the overt

CRIMES AGAINST NATIONAL SECURITY

 Act is separable, two witnesses must also testify to each part of the overt act for
conviction. (People v. Adriano, 44 O.G.; People u. Abad, 78 Phil.)
 The accused may also be convicted upon his confession in open court.

When can the crime of treason be committed?

All crimes against national security such as treason can only be committed in times of war
except the following:

1. Espionage;
2. Inciting to war or giving motives for reprisal;
3. Violation of neutrality; and
4. Mutiny and piracy.

What are acts of treason?

 “Acts of treason” include levying war against the Philip- pines or adhering to her
enemies, giving them aid or comfort within the Philippines or elsewhere. (id.)

Who are the enemies of State?

 The word “enemy” in Article 114 should refer to a foreign country (U.S. u. Lagnayon,
3 Phil 478), because this Article treats of circumstance of war. It cannot refer to rebels
who are covered under Article 135.

Art. 115. Conspiracy and proposal to commit treason-Penalty. -The conspiracy or proposal to
commit the crime of treason shall be punished respectively, by prision mayor and a fine not
exceeding 10,000 pesos, and by prision correctional and a fine not exceeding 5,000 pesos.

Art. 116. Misprision of treason. Every person owing allegiance to 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.

NOTES AND CASES ON THE REVISED PENAL

CODE
What kind of conspiracy is treated in Article 115?

 Article 115 treats of conspiracy as a crime by itself The acts are not yet carried out.
When the treasonous acts a executed, the conspiracy becomes a means to commit
treason and shall be penalized as treason under Article 114.

Where are crimes against the law of nations triable?

 Crimes against the law of nations may be punished anywhere because they are
considered crimes against the family of nations, such as piracy (hosteshumani
generis). Those against national security may be punished only in the country whose
national security was offended.
What is misprision of treason?

 It is the failure of a citizen to report as soon as possible a conspiracy, which comes to

his knowledge, against the government. But there must be a war in which the
Philippines is involved. The offender shall be “punished as an accessory to the crime
of treason.”

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

1. Without authority therefor, enters 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 defense 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 paragraphs, 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 opposed 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.

Art. 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.

Art. 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.

Art. 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.

This provisions should be reconciled with the policy on renunciation of war under the
Incorporation Clause in Section 2. Article II of the 1987 Constitution that. “The Philippines
renounces war as an instrument of national policy, adopts the generally accepted principles
of international law as part of the law of the land, and adheres to the policy of peace,
equality, justice, freedom, cooperation and amity with all nations. However, what is
renounced is only the declaration of war, for Congress is empowered in Section 23, Article VII
to declare the existence of a state of war. Nonetheless, the outlawing of war itself is a United
Nations declaration and thus is a generally accepted principle of international law which is
incorporated in our Constitution.

Section Three. – Piracy and mutiny on the high seas or in Philippine Waters

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters - The penalty
of reclusion perpetua shall be inflicted upon 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
personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters. (As amended by Sec. & R.A. No. 7659.)

Distinguish piracy and mutiny.

1. In piracy, the offenders are neither members of the complement of the vessel nor
passengers. In mutiny, they are the members of the complement of the vessel.
2. The essence of piracy is robbery and consists of the seizure of the vessel or cargo or
personal belongings of the passengers. In mutiny, the members of the complement
raise commotion to protest or go against the lawful command of the captain
employing violence and endangering the safety of passengers. Any gain derived by
the offenders is merely incidental.

PRESIDENTIAL DECREE NO. 532 ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW OF 1974

Sec. 2. Definition of Terms – The following shall mean and be understood, as follows:

a. Philippine Waters. It shall refer to all bodies of water, such as but not limited
to seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension,
and all other waters belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves, and other submarine
areas over which the Philippines have sovereignty or jurisdiction.
b. Vessel - Any vessel or watercraft used for transport of passengers and cargo
from one place to another through Philippine Waters. It shall include all kinds
and types of vessels or boats used in fishing.
c. Piracy - Any attack upon or seizure 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, shall be considered as piracy. The offenders shall
be considered as pirates and punished as hereinafter provided.

Sec. 3. Penalties - Any person who commits piracy or robbery/brigandage as herein defined,
shall, upon conviction by competent court be punished by:

a. Piracy - The penalty of reclusion temporal in its medium and maximum periods shall
be imposed. If physical injuries or other crimes are committed as a result or on the
occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder
or homicide is committed as a result or on the occasion of piracy, or when the
offenders abandoned the victims without means of saving themselves, on when the
seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of
death shall be imposed.

Sec. 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage - Any person who knowingly and in any manner aids or protects pirates
of highway robbers/brigands, such as giving them information about the movement of police
or other peace officers of the government, or acquires or receives property taken by such
pirates or brigands or in any manner derives any benefit therefrom; or any person who
directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall
be considered as an accomplice of the principal offenders and be punished in accordance
with the Rules prescribed by the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this
Section has performed them knowingly. Unless the contrary is proven.

Compare piracy in the Revised Penal Code and in P.D. 532.

 In P.D. 532, the culprits include the crew members or passengers and the concept of
vessel in Section 2[b] “shall include all kinds and types of vessels or boats used in
fishing such as banca or raft. Hence, when robbery is committed in a banca or raft in
 Philippine waters, it is piracy. The situs is Philippine waters; abbettors are penalized
as accomplices.

 In the RPC, the pirates are not crew members of passengers; they are “outsiders.”
The situs includes the high seas and Philippine waters. Abettors are accessories,
unless charged as fence in which case they are principal for fencing the essence of
piracy being robbery.

 Upon its amendment by R.A. 7659 on January 1, 1994 the coverage of Article 122
was widened to include offenses committed “in Philippine waters, widened to her
hand, under P.D. 532 (issued in 1974), the coverage of the law embraces any person
including “a passenger or member of the complement of said vessel in Philippine
waters.” Hence, passenger or not. A member of the complement or not, any person is
covered by PD 532

Did R.A. 7659 obliterate the crime of piracy under P.D. 532?

 No. R.A. 7659 neither superseded nor amended the provisions on piracy under P.D.
532. There is no contradiction between the two law. There is likewise no ambiguity
and hence, there is no need to construe or interpret the law. All the P.D. did was to
widen the coverage of the law, in keeping with the intent to protect the citizenry as
well as neighboring states from crimes against the law of nations. As expressed in
one of the “whereas” clauses of P.D. 532, piracy is “among the highest forms of
lawlessness condemned by the penal statutes of all countries.” For this reason, piracy
under Article 122, as amended and piracy under P.D. 532 exist harmoniously as
separate laws. (id.)

If piracy was committed outside the Philippine waters, will the Philippine courts
have jurisdiction over the offense?

 Yes, for piracy falls under Title I of Book 2. As such, it is an exception to the rule on
territoriality in criminal law. The same principle applies even if the offenders were
charged, not with a violation of qualified piracy under the RPC but under P.D. 532
which penalizes piracy in Philippine waters. Verily, P.D. 532 should be applied with
more force since its purpose is precisely to discourage and prevent piracy in
Philippine waters. (People 0. Catantan, 278 SCRA 761) Regardless of the law
penalizing the same, piracy is a reprehensible crime against the whole world
(hosteshumani generis). (People v. Lol-lo, 43 Phil. 19)
 Thus, as regards the contention that the trial court did not acquire jurisdiction over
the person of HH since the crime was committed outside Philippine waters,
unquestionably, the attack on and seizure of “M/T Tabangao” (renamed “M/T Galilee”
by the pirates) and its cargo were committed in Philippine waters, although the
captive vessel was later brought by the pirates to Singapore where its cargo was off-
loaded, transferred, and sold. And such transfer was done under HH’s direct
supervision. Although P.D. 532 requires that the attack and seizure of the vessel and
its cargo be committed in Philippine waters, the disposition by 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. (People vs. Tulin)

Can the accused be convicted as an accomplice in an information that charges

him as a principal?

 Yes. If there is lack of evidence of conspiracy, the liability is that of an accomplice and
not as principal (People u. Tolen tino, 40 SCRA 514). Any doubt as to the participation
of an individual in the commission of the crime is always resolved in favor of lesser
responsibility (People v. Corbes, 270 SCRA 465) Hence, the constitutional right of
accused to be informed of the nature and cause of accusation against him was not
violated.

What is presumption under Section 4, P.D. 532?

 Section 4 presumes that any person who does any of the acts provided in said
section has performed them knowingly, unless the contrary is proved. In the case at
bar, HH failed to overcome the legal presumption that he knowingly abetted or aided
 in the commission of piracy, received property taken by such pirates and derived
benefit therefrom. The record discloses that he aided the pirates in disposing of the
stolen cargo by personally directing its transfer from “M/T Galilee” to “M/T Navi
Pride.” He profited therefrom by buying the hijacked cargo for Navi Marine Services,
Pty., Ltd. (id.)

Art. 123. Qualified piracy. The penalty of reclusion perpetua 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 of 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.
(As amended by Sec. 3, R.A. No. 7659.)

What is qualified piracy (Article 123)?

Qualified piracy is committed under any of the following circumstances:

1. Offenders seized the vessel by boarding or firing upon the same

2. They abandoned the victims without means of saving themselves
3. The crime is accompanied by murder, homicide, physical injuries or rape and carries
the penalty of reclusion perpetua to death. R.A. 9346 deleted the death penalty,
hence, Article 123 has become inoperative as simple piracy carriers reclusion
perpetua also.

Is there qualified mutiny?

 Yes. Article 123 specifies that it covers “any of the crimes referred to in the preceding
article.” Thus, it covers not only qualified piracy but also qualified mutiny. However,
the first circumstance applies only to piracy because in mutiny, the offenders are
“insiders” of the vessel.

 The second and third circumstances apply both to mutiny and piracy. The murder,
homicide, rape, or physical injuries committed in the third circumstance are not
crimes in themselves, but are qualifying circumstances, The crime is not complex
under Article 48 but a special complex crime or composite crime. When crimes, other
than homicide, rape, murder or physical injuries are committed, such are crimes in
themselves and not qualifying circumstances. Example: piracy with direct assault.

REPUBLIC ACT NO. 6235 Anti-Hijacking Law

SECTION 1.

 It shall be unlawful for any person to compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in
flight. An aircraft is in flight from the moment all its external doors are closed
following embarkation until any of such doors is opened for disembarkation.
 It shall likewise be unlawful for any person to compel an aircraft of foreign registry to
land in Philippine territory or to seize or usurp the control thereof while it is within the
said territory.

SECTION 2.

 Any person violating any provision of the foregoing section shall be punished by an
imprisonment of not lea than twelve years but not more than twenty years, or by a
fine of not less than twenty thousand pesos but not more than forty thousand pesos.

The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five
thousand pesos but not more than fifty thousand pesos shall be imposed upon any person
committing such violation under any of the following circumstances:

1. Whenever he has fired upon the pilot, member of the crew or passenger of the
aircraft;
 2. Whenever he has exploded or attempted to explode any bomb or explosive to
destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or
rape.

SECTION 3.

 It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, any explosive,
flammable. Corrosive or poisonous substance or material.

SECTION 4.

 The shipping, loading or carrying of any substance or material mentioned in the

preceding section in any cargo aircraft operating as a public utility within the
Philippines shall be in accordance with regulations issued by the Civil Aeronautics
Administration.

SECTION 5.

(1) As used in this Act-“Explosive” shall mean any substance, either solid or
liquid, mixture or single compound, which by chemical reaction liberates heat
and gas at high speed and causes tremendous pressure resulting in explosion.
The term shall include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, per firearms, cartridges and other explosive
materials but bullets
(2) “Flammable” is any substance or material that is highly but not combustible
and self-igniting by chemical reaction and shall include but not limited
acrolein, allene, aluminum dvethylmonochloride and other aluminum
compounds, ammonium chlorate and other. Ammonium mixtures and other
similar substance or materials.

(3) “Corrosive” is any substance or material, either liquid, solid or gaseous, which
through chemical reaction wears away, impairs or consumes any object. It shall
include but not limited to alkaline battery fluid packed with empty storage
battery, allyichloroformate. Allytrichlorosilane, ammonium dinitro-orthocresolate
and other similar materials and substances,

(4) “Poisonous” is any substance or materials, except medicinal drug, either

liquid, solid or gaseous, which through chemical reactions kills, injures or impairs
a living organism or person, and shall include but not limited to
allylisothiocyanate, ammunition (chemical, non-explosive but containing Class A,
B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other
similar substances or materials.

SECTION 6. Any violation of Section three hereof shall be punishable by an imprisonment of

at least five years but not more than ten years or by a fine of not less than ten thousand
pesos but not more than twenty thousand pesos: Provided, That if the violation is committed
by a juridical person, the penalty shall be imposed upon the manager, representative,
director, agent or employee who violated, or caused, directed, cooperated or participated in
the violation thereof: Provided, further, That in case the violation is committed in the interest
of a foreign corporation legally doing business in the Philippines, the penalty shall be
imposed upon its resident agent, manager, representative or director responsible for such
violation and in addition thereto, the license of said corporation to do business in the
Philippines shall he revoked.

Any violation of Section four hereof shall be an offense punishable with the minimum of the
penalty provided in the next preceding paragraph.
SECTION 7. For any death or injury to persons or damage to property resulting from a
violation of Sections three and four hereof, the person responsible therefor may be held
liable in accordance with the applicable provisions of the Revised Penal Code.

SECTION 8. Aircraft companies which operate as public utilities or operators of aircraft which
are for hire are authorized to open and investigate suspicious packages and cargoes in the
presence of the owner or shipper, or his authorized representatives if present; in order to
help the authorities in the enforcement of the provisions of this Act: Provided. That if the
owner, shipper or his representative refuses to have the same opened and inspected, the
airline or air carrier is authorized to refuse the loading thereof;

SECTION 9. Every ticket issued to a passenger by the airline or air carrier concerned shall
contain among others the following condition printed thereon: “Holder hereof and his hand-
carried luggage(s) are subject to search for, and seizure of, prohibited materials or
substances. Holder refusing to be searched shall not be allowed to board the aircraft,” which
shall constitute a part of the contract between the passenger and the air carrier.

Approved: June 19, 1971

What acts are punished under the Anti-Hijacking Law?

1. Compelling the pilot of an aircraft of Philippine registry to change course or

destination or otherwise usurping or seizing control while it is in flight.
The aircraft is “in flight” when all the exterior doors thereof are closed following
embarkation until opened for disembarkation (although it has not moved away).
2. Compelling an aircraft of foreign registry to land in any part of Philippine territory or
usurping or seizing control of such, while it is within Philippine territory. (There is no
requirement that it be in flight.)

In usurping control, it is not required that the aircraft be a public utility.

The following are the qualifying circumstances in nos. (1) and (2):

a) Firing upon the pilot, crew, or passenger:

b) Exploding or attempting to explode any bomb or explosive to destroy the
aircraft; or
c) The crime is accompanied by murder, homicide. Serious physical injuries, or
rape.
3. Carrying or loading on board a passenger aircraft operating as a public utility in the
Philippines, substances which are corrosive, flammable, explosive, or poisonous.
Here, mere carrying or loading of explosive, corrosive, etc. brings about criminal
liability, unlike in No. 4.
4. Shipping or loading such substances on a cargo aircraft Operating as public utility in
the Philippines in a manner Not in accordance with the rules and regulations issued
By the Air Transportation Office (ATO).

What is penalized here is carrying substances listed in No. 3 not in accordance with
the rules and regulations prescribed by the ATO.

What are the four kinds of aircraft and their treatment in the law?

1. Aircraft of Philippine registry it must be in flight

2. Aircraft of foreign registry it need not be in flight
3. Public utility passenger aircraft mere carrying of prohibited substance is criminal
4. Public utility cargo aircraft non-compliance with the ATO rules and regulations
constitutes the criminal act

TITLE TWO
 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Who are the offenders in Title II of Book II?

All offenses other than those regarding religion require that the principal offender is a public
officer. The civilians are merely accomplices or accessories.

The crimes covered are:

a. Arbitrary detention (124)

b. Delay in the delivery of detained persons to the proper judicial
authorities (125)

Delaying release (126)

c. Expulsion (127)
d. Violation of domicile (128)
e. Search warrants maliciously obtained and abuse in the service of
those legally obtained (129)
f. Searching domicile without witnesses (130) h. Prohibition,
interruption, dissolution of peaceful meetings (131)
g. Interruption of religious worship (132)
h. Offending the religious feelings (133)

Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP

ARBITRARY DETENTION OR EXPULSION

Section One. Arbitrary Detention and Expulsion

Art. 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.

Who can commit the crime of arbitrary detention (Article 124)?

 Arbitrary detention can be committed by public officers whose official duties give
them the authority to effect arrest and detain persons such as barangay chairman
and police officers. If committed by other kinds of public officers, the crime is illegal
 detention. But a person is deemed a public officer only when he is acting within the
bounds of his official authority or function. If not, he acts in his private capacity.
 The accused, being members of the CAFGU at the time the alleged crime was
committed, should not be charged of kidnapping and serious illegal detention under
Article 267 for the reason that they are not private individuals, but public officers.
They can only be liable for the crime of arbitrary detention defined in Article 124. It is
essential, however, that there is actual confinement or restriction of the person of the
offended party. There must be uncontroverted proof of both intent to deprive the
victim of his liberty and actual confinement