TITLE 1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF THE NATIONS.

A. CRIMES AGAINST NATIONAL SECURITY (TREASON AND ESPIONAGE)

Art. 114 Treason – breach of allegiance to a govt committed by person who owes allegiance to it.

Elements:

Filipino citizen / resident alien There is war, Philippines is involved Offender either: (modes of committing)

a) Levies war against govtb) Adheres to the enemies, giving them aid or

comfort

*allegiance – fidelity and obedience w/c the individual owes allegiance to the govt under w/c they live, or to the sovereign , in return for the protection they receive .

*types of allegiance:

Permanent Temporary (ex: resident alien)

*levies war (must be directed against the government)

There is actual assembly of men Purpose is to execute a treasonable design by

force

*adherence to the enemy – means intent to betray when a citizen intellectually or emotionally favors the enemy and harbors sympathy or convictions disloyal to his countries interest.

*aid and comfort – act w/c strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act w/c weakens or tends to weaken the power of the traitor’s country to resist or attack the enemy.

Elements:

Adherence and aid/comfort must be present specific acts of aid/comfort

a) informantb) agent or spyc) acting as a finger womand) taking active part in mass killing

*ways of proving treason

testimony of 2 witnesses, at least to the same overt act

confession of the accused in open court

Art. 115 conspiracy and proposal to commit treason

Elements:

in times of war (phil is involved) modes:

a) two or more persons came to an agreementb) a person has proposed to the execution to

some other person or persons(purpose)

c) to levy war against the govt or to adhere to the enemies giving them aid or comfort

*penalties

conspiracy – prision mayor and 10,000 proposal – prision correctional and 5,000

Art. 116 misprision of treason

Elements:

offender owes allegiance to the gov’t (phil / us) (not resident alien, not being a foreigner)

has knowledge of any conspiracy (to commit treason)

conceals or does not disclose and make known as soon as possible to the governor or fiscal of the province, or the mayor or the fiscal of the city he resides

*misprision of treason is punished as an accessory, therefore it is two degrees lower than the principal of treason, however he is still principal of misprision of treason.

*Art. 20 does not apply because art 20 is applied only to accessory.

Art. 117 Espionage – is the offense of gathering, transmitting, or losing information respecting the national defense w/ intent or reason to believe that the information is to be used to the injury of the republic of the phil or to the advantage of any foreign nation

Penalty – prision correctional

*modes of committing (2 ways)

1. By entering w/o authority a warship, fort or naval, or military establishment or reservation to obtain any information, plans, photographs or other data of confidential nature relative to the defense of Philippines

Elements:

offender enters any place mentioned has no authority purpose is to obtain information (plans,

photographs or other data) of confidential nature relative to the defense of Philippines

2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred in paragraph 1 w/c he had in his possession by reason of the public office he holds .

Elements:

offender is a public officer he has in his possession the articles, data or

information by reason of his public office he discloses their contents to a representative of

a foreign nation

*other acts of espionage (commonwealth act no. 616 )

sec 1. Unlawfully obtaining or permitting to be obtained information affecting national defense

sec 2. Unlawfully disclosing of information affecting national defense

sec 3. Disloyal acts or words in time of peace sec 4. Disloyal acts or words in time of war sec 5. Conspiracy to violate preceding sections sec 6. Harboring or concealing violators of the

law

*espionage vs treason

ESPIONAGE TREASONWHEN: WAR AND PEACE WARHOW: MANY WAYS (DISCUSSED )

1. LEVYING WAR AGAINST THE GOVT

2. ADHERENCE, GIVING AID AND COMFORT

B. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

Art. 118 inciting to war or giving motives for reprisals

*penalty – reclusion temporal (public officer or employee ) prision mayor (any private individual)

Elements:

Offender perform unlawful or unauthorized acts

Such acts provokes or give occasion for a war involving or liable to involve the phil or expose Filipino citizens to reprisals on their person or property

*intention is immaterial, can be caused by imprudence

*committed in time of peace

Art. 119 violation of neutralism

*penalty – prision correccional

*neutrality – a nation or power w/c takes no part in a contest of arms going on between others

Elements:

There is war, but phil is not involved There is a regulation issued by competent

authority enforcing neutrality Offender violates such regulation

Art. 120 correspondence w/ hostile country

*correspondence – is communication by means of letter or it may refer to letters w/c pass between those who have friendly or business relation

Elements:

There is a war phil is involved Offender makes correspondence w/ an enemy

country or territory occupied by enemy troops Correspondence is either (nature of

correspondence):a)prohibited by govt (prision correccional)b) carried on in ciphers or conventional signs (prision mayor)C) containing notice or information w/c might be useful to the enemy (reclusion temporal)

*even if correspondence contains innocent matters, if prohibited by govt, punishable

*prohibition is essential in paragraphs 2 and 3

*temporal to death if intended to aid the enemy

Art. 121 flight to enemy’s country

Elements:

There is war w/c the phil is involved Offender must be owing allegiance (temporary

or permanent) to the govt Offender attempts to flee or go to enemy

country Going to enemy’s country is prohibited by

competent authority

*resident alien may be guilty of art 121

*art 121 cannot be committed when fleeing to enemy is not prohibited by competent authority

C. PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS

Art. 122 piracy in general and mutiny on the high seas or in the Philippine waters (reclusion perpetua)

*modes of committing ( 2 ways )

1. By attacking or seizing a vessel on high seas or Philippine waters

2. Siezing in the vessel while on the high seas or in Philippine waters, the whole or part of its cargo, its equipment or personal belongings of its complement or passengers

Elements:

Vessel is in the high seas or Philippine waters Offenders are not member of its complements

or passengers Offender does 1 or 2

*Piracy – robbery or forcible depredation on the high seas, w/o lawful authority and done with animo furandi and in the spirit and intention of universal hostility

*Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander

PIRACY MUTINYWHO: STRANGER MEMBERS OF CREW OR

PASSENGERSWHAT: INTENT TO GAIN TO IGNORE THE SHIP’S

OFFICERS OR THEY MAY BE PROMPTED TO COMMIT PLUNDER

Art. 123 qualified piracy

*penalty – reclusion perpetua to death on the following circumstances

Seized a vessel by boarding or firing upon the same

Pirates abandoned the victims w/o means of saving themselves

Crime is accompanied by murder, homicide, physical injuries, or rape(people vs lol-lo and saraw)

*any person aids or protects pirates or abets the commission of piracy shall be considered as an accomplice