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CRIMES AGAINST NATIONAL SECURITY AND THE purpose of levying war is to deliver the country
LAW OF NATIONS in whole or in part to the enemy?
A: Yes, if the uprising is committed without
Section One. Treason and espionage enemy collaboration, the crime would be
Article 114. Treason rebellion not treason.
Article 115. Conspiracy and proposal to commit
treason
2nd mode: Adhering to the enemies,
Article 116. Misprision of treason
Article 117. Espionage giving them aid or comfort
Section Two. Provoking war and disloyalty in case of Adherence to the enemy means intent to
war betray. There is adherence to the enemy
Article 118. Inciting to war or giving motives for when a citizen intellectually or emotionally
reprisals favors the enemy and harbors sympathies or
Article 119. Violation of neutrality convictions disloyal to his countrys policy or
Article 120. Correspondence with hostile country
interest.
Article 121. Flight to enemys country
Section Three. Piracy and mutiny on the high seas in Aid or comfort means an act which
Philippine waters strengthens or tends to strengthen the enemy
Article 122. Piracy in general and mutiny on the in the conduct of war against the traitors
high seas or in Philippine waters country and an act which weakens or tends to
Article 123. Qualified piracy weaken the power of the traitors country to
resist or to attack the enemy.
There must be an actual assembling of men. Example: Where the accused served as
Thus, the actual enlistment of men to serve secret agent for the Japanese, and in
against the government doesnt amount to the performance of such service, he
levying war. participated in the Japanese
expeditions against guerillas and
Under this mode, it is not necessary that there committed mass murders, arson and
be a formal declaration of the existence of a robberies, and those deeds were
state of war. Actual hostilities may determine charged an element of treason, they
the date of the commencement of war. become identified with the crime of
treason and cannot be the subject of a
The war must be directed against the separate punishment.
government, not merely to resist a particular
statute or to repel a particular officer. However, But this rule will not preclude the punishment
it is NOT necessary that those attempting to of common crimes as such, IF the prosecution
overthrow the govt succeed in their designs. should elect to prosecute the culprit specifically
for those crimes, instead of relying on them as
an element of treason.
The change in government from commonwealth does not HELD: The two-witness requirement in the crime of treason
affect the crime of treason. It holds applicable to the should be applied restrictively the lawmakers having
present government being an offense against the same intended for it to be applied with the same rigidity and
government and sovereign people. inflexibility due to the seriousness of the crime and the
abnormality of the times from American origin.
People vs. Perez Hilado dissenting: Being a Makapili was one single
continuous and indivisible overt act of giving aid to the
Perez was convicted of treason and sentenced to death Japanese invaders. There is no need for at least 2 witnesses
where 5 of the 7 counts against him alleged his abduction to have testified on one same act.
Elements:
Article 118. Inciting to war or giving
1. Offender must be owing allegiance to the motives for reprisals.
Government, and not a foreigner
2. He has knowledge of any conspiracy (to Elements:
commit treason) against the Government
3. He conceals or doesnt disclose and make 1. Offender performs unlawful or
known the same as soon as possible to the unauthorized acts
governor or fiscal of the province or the 2. Such acts provoke or give occasion for a
mayor or fiscal of the city in which he war involving or liable to involve the
resides. Philippines or expose Filipino citizens to
reprisals on their persons or property
A116 will not apply when the crime of
treason has already been committed by Illustration: The public destruction of the flag or
someone and the accused doesnt report its seal of a foreign state or the public
commission to the proper authority. The law manifestations of hostility to the head or
says knowledge of any conspiracy against ambassador of another state.
not knowledge of treason actually committed.
The offender in misprision is punished as an
accessory to the crime of treason. Hence, the Article 119. Violation of neutrality
penalty for misprision is two degrees lower
than that provided for treason. Elements:
Piracy Mutiny
Article 121. Flight to Enemy's Country Persons who attack a Offenders are members
vessel or seize its cargo of the crew of
Elements: are strangers to said passengers
vessels
Intent to gain essential Intent to gain not
1. There is a war in which the Philippines
essential, offenders may
is involved; only intend to ignore the
2. Offender must be owing allegiance to ships officers
the government;
3. Offender attempts to flee or go to
PRESIDENTIAL DECREE No. 532
enemy country;
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
4. Going to the enemy country is LAW OF 1974
prohibited by competent authority. Definition of Terms
Rodriguez et al (crew members of M/V Noria 767) were An aircraft is in flight from the moment all its
charged with the crime of piracy, found guilty and external doors are closed following embarkation
sentenced to death. They were able to obtain 3M as total until any of such doors is opened for
amount and escaped through the use of pump-boats. Ten disembarkation. (1)
dead bodies were seen at the wharf as victims of the sea-
jacking 2. Any person who shall compel an aircraft of
foreign registry to land in Philippine territory or
HELD: Where rape, murder or homicide is committed in the to seize or usurp the control thereof while it is
crime of piracy, the penalty imposable is mandatory death within the said territory. (1)
penalty according to PD532 amending RPA 134.
The penalty shall be increased whenever the
violations above were committed under any of the
People vs. Siyoh following circumstances:
Siyoh et al were accused of qualified piracy with triple Whenever he has fired upon the pilot,
murder and frustrated murder, found guilty and sentenced member of the crew or passenger of the
to death. With the use of pump-boats, they were able to aircraft;
divest money and goods from de Guzman and his Whenever he has exploded or attempted to
companions on the way to Mataja island. The companions explode any bomb or explosive to destroy
were killed while de Guzman was able to escape wounded. the aircraft; or
Whenever the crime is accompanied by
HELD: Although the body of de Guzman was still missing,
murder, homicide, serious physical injuries
the number of persons killed on the occasion of piracy is
or rape. (2)
not material. PD532 considers qualified piracy (when rape,
murder, or homicide is committed as a result or on the