Professional Documents
Culture Documents
TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
Article 114
ELEMENTS OF TREASON:
1.
That the offender owes allegiance to the Government of the Philippines
2.
That there is a war in which the Philippines is involved
3.
That the offender either
4.
Levies war against the government,
1.
breech of allegiance
2.
actual assembling of men
3.
for the purpose of executing a reasonable design
4.
breech of allegiance
5.
adherence
6.
giving aid or comfort to the enemy
5.
Adheres to the enemies, giving them aid and comfort
Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)
Not Treasonous:
1.
2.
3.
4.
5.
6.
Acceptance of public office and discharge of official duties under the enemy does not
constitute per se the felony of treason (exception: when it is policy determining)
Serving in a puppet government (ministerial functions) and in order to serve the
populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts
harm on Filipinos; c) it is disadvantageous to them.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change
officials not treason
Filipino citizens can commit treason outside the Philippines. But that of an alien must
be committed in the Philippines.
Only Filipino citizens or permanent resident aliens can be held liable
Alien: with permanent resident status from the BID it is neither the length of stay in
the Philippines nor the marriage with a Filipino that matters.
On Citizenship
Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily giving aid and comfort.
Adherence and giving aid or comfort must concur together. Adherence: when a citizen
intellectually or emotionally favors the enemy and harbors convictions disloyal to his
countrys policy. But membership in the police force during the occupation is NOT
treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.
Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3)
from the circumstances surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
If you convict a person for treason by reason of irresistible force or uncontrollable fear,
you may use Art.12. No treason through negligence
When killings and other common crimes are charged as overt act of treason, they
cannot be regarded as (1) separate crimes or (2) as complex with treason.
Article 115
CONSPIRACY TO COMMIT TREASON
ELEMENTS:
1.
2.
In time of war
2 or more persons come to an agreement to
1.
2.
Article 116
MISPRISION OF TREASON
1.
2.
3.
ELEMENTS:
That the offender must be owing allegiance to the government, and not a foreigner
That he has knowledge of any conspiracy (to commit treason) against the government
That he 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
Offender is punished as an accessory to the crime of treason
This crime does not apply if the crime of treason is already committed
Crime of omission
To report within a reasonable time depends on time, place and circumstance the
Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or military
establishments or reservation to obtain any information, plans, photographs or other
data of a confidential nature relative to the defense of the Philippines.
ELEMENTS:
1.
1. That the offender enters any of the places mentioned therein
1.
2. That he has no authority therefore;
2.
That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Espionage by disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in paragraph 1 of Article 117, which he had in his
possession by reason of the public office holds
1.
ELEMENTS: That the offender is a public officer
2.
That he has in his possession the articles, data or information referred to in par 1 of art
117, by reason of the public office he holds
3.
That he discloses their contents to a representative of a foreign nation
national defense with the intent or reason to believe that the information is to be used
to the injury of the Philippines or the advantage of any foreign nation. It is not
conditioned on citizenship.
Not necessary that Philippines is at war with the country to which the information was
revealed. What is important is that the information related is connected with the
defense system of the Philippines.
Wiretapping is NOT espionage if the purpose is not something connected with the
defense
See CA 616
ELEMENTS:
1.
That the offender performs unlawful or unauthorized acts
2.
That such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1.
That there is war in which the Philippines is not involved
2.
That there is a regulation issued by competent authority for the purpose of enforcing
neutrality
3.
That the offender violates such regulation
Govt must have declared the neutrality of the Phil in a war between 2 other countries
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1.
That it is in time of war in which the Philippines is involved
2.
That the offender makes correspondence with an enemy country or territory occupied
by enemy troops
3.
That the correspondence is either
1.
prohibited by the government, or
2.
carried on in ciphers or conventional signs, or
3.
containing notice or information which might be useful to the enemy
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to officials of enemy country
even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
Doesnt matter if correspondence contains innocent matters if prohibited, punishable
Article 121
FLIGHT TO ENEMYS COUNTRY
ELEMENTS
1.
2.
Article 122
PIRACY
Elements:
1.
That a vessel is on the high seas/Philippine waters
2.
3.
That the offenders are not members of its complement or passengers of the vessel
That the offenders
1.
attack or seize that vessel or (hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas)
2.
seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
High seas: any waters on the sea coast which are without the boundaries of the low
water mark although such waters may be in the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where offenders are found or arrested
Piracy in internal waters jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy
Mutiny
Article 123
QUALIFIED PIRACY
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
3.
Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
(the above may result to qualified mutiny)
Note the new rape law. Death is imposed in certain types of rape
There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 death under the new rape law. But if rape committed
on someone below 7 during the time of piracy RP to death. Irreconcilable.