Title One Q: Is it necessary under this mode that the

CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
Section One. Treason and espionage
Article 114. Treason
Article 115. Conspiracy and proposal to commit
treason
Article 116. Misprision of treason
Article 117. Espionage
purpose of levying war is to deliver the country
in whole or in part to the enemy?
A: Yes, if the uprising is committed without
enemy collaboration, the crime would be
rebellion not treason.
2nd mode: Adhering to the enemies,
giving them aid or comfort

Section Two. Provoking war and disloyalty in case of
war
Article 118. Inciting to war or giving motives for
reprisals
Article 119. Violation of neutrality
Article 120. Correspondence with hostile country
Article 121. Flight to enemys country
Adherence to the enemy means intent to
betray. There is adherence to the enemy
when a citizen intellectually or emotionally
favors the enemy and harbors sympathies or
convictions disloyal to his countrys policy or
interest.

Section Three. Piracy and mutiny on the high seas in
Philippine waters
Article 122. Piracy in general and mutiny on the
high seas or in Philippine waters
Article 123. Qualified piracy
Aid or comfort means an act which
strengthens or tends to strengthen the enemy
in the conduct of war against the traitors
country and an act which weakens or tends to
weaken the power of the traitors country to
resist or to attack the enemy.

Article 114. Treason Adherence alone, without giving aid or comfort,

does NOT constitute treason.
Elements:
The aid and comfort must be a deed or
1. Offender is a Filipino citizen or an alien physical activity. To be treasonous, the extent
residing in the Philippines; of aid and comfort must be to render
2. There is a war in which the Philippines assistance to them as enemies and not merely
is involved; as individuals, and be directly in furtherance of
3. The offender either the enemies hostile designs. However, the act
a. Levies war against the need not actually strengthen the enemy.
Government; or
b. Adheres to the enemies, giving The aid or comfort under this mode must be
them aid or comfort. after the declaration of war. The enemies must
be subject of a foreign power.
Treason cannot be committed in time of
peace. When killings and other common crimes are
charged as overt acts of treason, they cannot
1st mode: Levying war against the be regarded as separate crimes or complexed
Government with treason.

There must be an actual assembling of men.
Thus, the actual enlistment of men to serve
against the government doesnt amount to
levying war.
Under this mode, it is not necessary that there
be a formal declaration of the existence of a
state of war. Actual hostilities may determine
the date of the commencement of war.
The war must be directed against the
government, not merely to resist a particular
statute or to repel a particular officer. However,
it is NOT necessary that those attempting to
overthrow the govt succeed in their designs.
Example: Where the accused served as
secret agent for the Japanese, and in
the performance of such service, he
participated in the Japanese
expeditions against guerillas and
committed mass murders, arson and
robberies, and those deeds were
charged an element of treason, they
become identified with the crime of
treason and cannot be the subject of a
separate punishment.
But this rule will not preclude the punishment
of common crimes as such, IF the prosecution
should elect to prosecute the culprit specifically
for those crimes, instead of relying on them as
an element of treason.

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Ways of proving treason
A person may be convicted of treason on the
following evidence ONLY:
1. [Two-witness rule] Testimony of two
witnesses, at least, to the same overt
act; or
2. Confession of the accused in open
court.
The two-witness rule
The testimony of two witnesses is required to
prove the overt act of giving aid or comfort. It
is not necessary to prove adherence.
Q: A testified that he saw X on guard duty in
the Japanese garrison on Monday. B testified
that he also saw X on guard duty in the
garrison on Wednesday. Can X be convicted of
treason on the basis of A & Bs testimony?
A: No. Both overt acts, although of the same
nature and character, are two distinct acts.
Either one, to serve as a ground for conviction,
must be proved by two witnesses. That one
witness should testify as to one, and another
as to the other, was held not enough.
Laurel v. Misa
Petition for habeas corpus by Laurel based on the theory
that a Filipino citizen who adhered to the enemy giving the
latter aid and comfort during the Japanese occupation
cannot be prosecuted for the crime of treason because (1)
of the suspension of the sovereignty of the legitimate
government in the Philippines resulting in the suspension of
the correlative allegiance of Filipinos thereto, and (2) of
the changes of sovereignty upon the proclamation of the
Philippine Republic.
HELD: Citizen owes absolute/permanent allegiance to his
government/sovereign, which should not be confused with
the qualified/temporary allegiance which a foreigner owes
to the government of his current residence. This absolute
allegiance is not abrogated by enemy occupation because
the sovereignty of the government de jure is not
transferred thereby to the occupier, remaining vested in
the legitimate government. What may be suspended is the
exercise of the rights of sovereignty passing temporarily to
the occupant, and not the allegiance which subsists with
the subsistence of the sovereignty of the legitimate
government.
The change in government from commonwealth does not
affect the crime of treason. It holds applicable to the
present government being an offense against the same
government and sovereign people.
People vs. Perez
Perez was convicted of treason and sentenced to death
where 5 of the 7 counts against him alleged his abduction
of girls for the purpose of using them to satisfy the sexual
desires of Japanese officials.
HELD: For an act to be treasonous, it should be one that
renders assistance to the occupants to further their hostile
designs. Sexual relations between the women and the
Japanese officials cannot be said to aid in the furtherance
of the objectives of the enemies.
Dissent by Pablo: Entertainment tones up the nerves of the
soldiers. Services or favors that should have been
performed by Japanese women were done by Filipino
women. This helped improve the phases of their military
activities.
People vs. Prieto
Prieto, a Makapili who aided the Japanese in apprehending
Filipino guerillas (who were tortured and executed after
being apprehended) was convicted of 4 counts of treason.
HELD: Murder and physical injuries are identified as an
element of treason and they cannot be the subject of a
separate punishment, or make a complex crime with
treason. They are averred as a constitutive ingredient of
treason. But where the State prosecutes them for such acts
not as an overt act for treason, then the accused can be
punished for such acts if found guilty.
People vs. Manayao
Manayao et al were charged and found guilty of treason
with multiple murders. They were sentenced to death and
to pay the fine with indemnity to heirs of the victims of the
town they massacred with the Japanese troops. The
massacre was witnessed by the two children spared from
the killing.
HELD: The Makapili is not part of the Japanese Army in the
Philippines being an organization of traitors, pure and
simple. This doesnt divest the Peoples Court of
jurisdiction. They have not lost their citizenship when no
evidence that he has subscribed to an oath of allegiance to
support the laws of Japan and that he showed his
acceptance of a commission in the Armed Forces of Japan
were presented. They are still subject of the law on
treason in the Philippines.
People vs. Adriano
Adriano was found guilty of treason by virtue of his being a
Makapili. The prosecution however did not introduce any
other evidence except for his membership. Furthermore,
the alleged acts committed by the accused were not
established or concurred by testimonies from 2 witnesses.
HELD: The two-witness requirement in the crime of treason
should be applied restrictively the lawmakers having
intended for it to be applied with the same rigidity and
inflexibility due to the seriousness of the crime and the
abnormality of the times from American origin.
Hilado dissenting: Being a Makapili was one single
continuous and indivisible overt act of giving aid to the
Japanese invaders. There is no need for at least 2 witnesses
to have testified on one same act.
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Article 115. Conspiracy and proposal to
commit treason
Elements (Conspiracy):
1. In time of war
2. Two or more persons come to an
agreement to levy war against the govt or
to adhere to the enemies and to give them
aid or comfort; and
3. They decide to commit it.
Elements (Proposal):
1. In time of war
2. A person who has decided to levy war
against the govt or to adhere to the
enemies and to give them aid or comfort,
3. Proposes its execution to some other
person or persons.
The two-witness rule does not apply to
conspiracy or proposal to commit treason.
Article 116. Misprision of treason
Elements:
1. Offender must be owing allegiance to the
Government, and not a foreigner
2. He has knowledge of any conspiracy (to
commit treason) against the Government
3. He conceals or doesnt 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.
A116 will not apply when the crime of
treason has already been committed by
someone and the accused doesnt report its
commission to the proper authority. The law
says knowledge of any conspiracy against
not knowledge of treason actually committed.
The offender in misprision is punished as an
accessory to the crime of treason. Hence, the
penalty for misprision is two degrees lower
than that provided for treason.
Article 117. Espionage
Two ways of committing espionage
(Mode 1) Elements:
1. Offender enters a warship, fort or naval or
military establishment or reservation
2. He has no authority therefore
3. His purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the
Philippines
It is not necessary that information be
actually obtained.
(Mode 2) Elements:
1. Offender is a public officer
2. He has in his possession (by reason of the
public office he holds) any information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines
3. He discloses their contents to a
representative of a foreign nation
COMMONWEALTH ACT No 616
An Act to Punish Espionage and Other Offences
Against National Security
Acts punished:
1) Unlawfully obtaining or permitting to
be obtained information affecting
national defence
o by going upon, entering, flying over or
otherwise by obtaining information
concerning any vessel, aircraft, work of
defence or other place connected with
the national defence, or any other place
where ay vessels, aircraft, arms,
munitions or other materials for the use
in time of war are being made, or
stored, for the purpose of obtaining
information respecting national
defence, with intent to use it to the
injury of the Phil or to the advantage of
any foreign nation. (this is the 1st par)
o by copying, taking, making or
attempting or inducing or aiding
another to copy, take, make or obtain
any sketch, photograph, photographic
negative, blue print, plan, map
instrument, appliance, document,
writing, or note of anything connected
with the national defence, for the same
purpose and with like intent as in 1 st
par. (this is the 2nd par)
o by receiving or obtaining or agreeing or
attempting or inducing or aiding
another to receive or obtain from any
sources any of those data mentioned in
2nd par, code book or signal book,
knowing that it will be obtained or
disposed of by any person contrary to
the provisions of the Act.
o by communicating or transmitting, or
attempting to communicate or transmit
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 to any person not entitled to receive it, mutiny or refusal of duty in the Armed
by wilfully retaining and failing to Forces
deliver it on demand to any officer or o by willfully obstructing the recruiting or
employee entitled to receive it, the enlistment service.
offender being in possession of, having 5) Conspiracy to violate preceding
access to, control over, or being sections
entrusted with any of the date o 2 or more persons conspire to violate
mentioned in 2nd par, or code book or the provisions of section 2, 3 or 4
signal book. o one or more of such persons do any act
o by permitting, through gross to effect the object of the conspiracy
negligence, to be removed from its 6) Harboring or concealing violators of
proper place or custody or delivered to the law
anyone in violation of his trust, or to be o the offender knows that a person has
lost, stolen, abstracted or destroyed committed or is about to commit an
any of the data mentioned in 2nd par, offence
code book or signal book, the offender o the offender harbors or conceals such
being entrusted with or having lawful person
possession or control of the same.
2) Unlawful disclosing of information
affecting national defence Other acts punished:
o by communicating, delivering or o using or permitting or procuring the use
transmitting or attempting or aiding or of an aircraft for the purpose of making
inducing another to do it, to any foreign photograph, sketch, etc of vital
govt or any faction or party or military installations or equipment of the Armed
or naval force within a foreign country, Forces
whether recognised or unrecognised by o reproducing, publishing, selling etc
the Phil, or to any representative, uncensored copies of photograph,
officer, employee, subject or citizen sketch etc of the vital military, naval or
thereof, any of the date mentioned in air post, camp or station, without
2nd par above, code book or signal book. permission of the commanding officer
If committed in times of war, the o injuring or destroying or attempting to
penalty is death or imprisonment for injure or destroy war materials,
not more than 30 years. premises or war utilities when the Phil
o in times of war, by collecting, recording, is at war
publishing or communicating or o making or causing was materials to be
attempting to elicit any information made in a defective manner when the
with respect to the movement, number, Phil is at war
description, cnondition or disposition of o injuring or destroying national defence
any of the armed forces, ships, aircraft, material, premises or utilities
or war materials of the Phil, or with o making or causing to be made in a
respect to the plans or conduct of any
defective manner, or attempting to
military, naval or air operations or with
make or cause to be made in a
respect to any works or measures
defective manner, national defence
undertaken for the fortification or
material.
defence of any place, or any other
information relating to the public
defence, which might be useful to the Espionage Treason
enemy. The penalty is death or Both not conditioned by the citizenship of the
imprisonment for not more than 30 offender
years. May be committed in Committed only in time
3) Disloyal acts or words in time of peace time of peace or war of war
o by advising, counselling, urging or in Many ways of Only two ways of
any other manner by causing committing espionage, committing treason
insubordination, disloyalty, mutiny or taking RPC117 and
refusal of duty of any member of the CA616 together
military, naval or air forces of the Phil
o by distributing any written or printed
matter which advises, counsels, or
urges such insubordination, disloyalty,
Article 118. Inciting to war or giving
mutiny, or refusal or duty. motives for reprisals.
4) Disloyal acts or words in time of war
o by willfully making or conveying false Elements:
reports or false statements with intent
to interfere with the operation or 1. Offender performs unlawful or
success of the Armed Forces of the Phil unauthorized acts
o to promote the success of its enemies, 2. Such acts provoke or give occasion for a
by willfully causing or attempting to war involving or liable to involve the
cause insubordination, disloyalty,

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 Philippines or expose Filipino citizens to Article 121. Flight to Enemy's Country
reprisals on their persons or property
Elements:
Illustration: The public destruction of the flag or
seal of a foreign state or the public 1. There is a war in which the Philippines
manifestations of hostility to the head or is involved;
ambassador of another state. 2. Offender must be owing allegiance to
the government;
3. Offender attempts to flee or go to
Article 119. Violation of neutrality enemy country;
4. Going to the enemy country is
Elements: prohibited by competent authority.

1. There is a war in which the Philippines is no Mere attempt to flee or go to enemy country
involved consummates the crime.
2. There is a regulation issued by competent
authority for the purpose of enforcing
neutrality Article 122. Piracy in general and Mutiny
3. The offender violates such regulation on the High Seas or in Philippine Waters

Acts punished as piracy

1. Attacking or seizing a vessel on the

high seas or in Philippine waters;
Article 120. Correspondence with hostile 2. Seizing in the vessel while on the high
country seas or in Philippine waters the whole or
part of its cargo, its equipment or personal
Elements: belongings of its complement or
passengers.
1. In time of war in which the Philippines is
involved Elements of piracy
2. The offender makes correspondence with
an enemy country or territory occupied by 1. The vessel is on the high seas or
enemy troops Philippine waters;
3. The correspondence is either 2. Offenders are neither members of its
a. Prohibited by the Government, complement nor passengers of the vessel;
or 3. Offenders either -
b. Carried on in ciphers or a. attack or seize a vessel on the high
conventional signs, or seas or in Philippine waters; or
c. Containing notice or b. seize in the vessel while on the high
information which might be useful to seas or in Philippine waters the whole
the enemy. or part of its cargo, its equipment or
personal belongings of its complement
Correspondence means communications by or passengers;
means of letters. 4. There is intent to gain.

Even if the correspondence contains Piracy is robbery or forcible depredation on

innocent matters, if the correspondence has the high seas, without lawful authority and
been prohibited by the Government, it is done with animo furandi and in the spirit and
punishable. intention of universal hostility.
Prohibition by the Government is not
essential in paragraphs 2 & 3 of Article 120. Piracy Robbery on the high
seas
Circumstances qualifying the offense: Offender is an outsider The offender is a
member of the
1. Notice or information might be useful
complement or a
to the enemy; AND passenger of the vessel
2. Offender intended to aid to enemy Manner of committing the crime is the same
These acts amount to treason. Hence, the There is intent to gain
penalty is the same as that for treason.
Piracy Mutiny
Persons who attack a Offenders are members

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vessel or seize its cargo of the crew of
are strangers to said passengers
vessels
Intent to gain essential Intent to gain not
essential, offenders may
only intend to ignore the
ships officers
People vs. Lol-lo and Saraw
Boat carrying men, women and children on its way between
two islands in the Dutch East Indies were waylaid by six
vintas manned by 24 armed Moros. At first, they asked for
good but one on the Dutch boat, they took all of the cargo,
attacked some of the men and brutally violated two of the
women. All the people were placed back into the boat
except the two men, and holes were made with the idea of
submerging the boat. They took the women and repeatedly
violated them. Two of the raiders were Lol-lo and Saraw,
the former participating in the rape. The women eventually
escaped while Saraw and Lol-lo returned to TawiTawi where
they were apprehended and tried. They were found guilty
and sentenced to life imprisonment.
HELD: Pirates are in the law hostes humani generis. Piracy
is a crime not against any particular state but against all
mankind. It may be punished in the competent tribunal of
any country where the offender may be found or into which
he may be carried. The jurisdiction in the crime of piracy
unlike other crimes has no territorial limits, nor does it
matter that a crime was committed within the
jurisdictional 3-mile limit of a foreign state, for those
limits, through neutral to war, are not neutral to crimes.
People vs. Rodriguez
Rodriguez et al (crew members of M/V Noria 767) were
charged with the crime of piracy, found guilty and
sentenced to death. They were able to obtain 3M as total
amount and escaped through the use of pump-boats. Ten
dead bodies were seen at the wharf as victims of the sea-
jacking
HELD: Where rape, murder or homicide is committed in the
crime of piracy, the penalty imposable is mandatory death
penalty according to PD532 amending RPA 134.
People vs. Siyoh
Siyoh et al were accused of qualified piracy with triple
murder and frustrated murder, found guilty and sentenced
to death. With the use of pump-boats, they were able to
divest money and goods from de Guzman and his
companions on the way to Mataja island. The companions
were killed while de Guzman was able to escape wounded.
HELD: Although the body of de Guzman was still missing,
the number of persons killed on the occasion of piracy is
not material. PD532 considers qualified piracy (when rape,
murder, or homicide is committed as a result or on the
occasion of piracy) as a special complex crime punishable
by death regardless of the number of victims.
Article 123. Qualified Piracy
Elements:
1. The vessel is on the high seas or Philippine
waters:
2. Offenders may or may not be members of
its complement, or passengers of the
vessel;
3. Offenders either -
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its
equipment., or personal belongings of
the crew or passengers;
4. The preceding were committed under
any of the following circumstances:
a. whenever they have seized a vessel by
boarding or firing upon the same;
b. whenever the pirates have abandoned
their victims without means of saving
themselves; or
c. whenever the crime is accompanied by
murder, homicide, physical injuries or
rape.
R.A. 6235
An Act Prohibiting Certain Acts Inimical to Civil
Aviation
Who are punishable?
1. Any person who shall 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. (1)
2. Any person who shall 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. (1)
The penalty shall be increased whenever the
violations above were committed under any of the
following circumstances:
Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
Whenever he has exploded or attempted to
explode any bomb or explosive to destroy
the aircraft; or
Whenever the crime is accompanied by
murder, homicide, serious physical injuries
or rape. (2)
3. Any person, natural or juridical, who shall ship,
load or carry in any passenger aircraft operating
as a public utility within the Philippines, any
explosive, flammable, corrosive or poisonous
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 substance or material. (3)
Explosive - 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, percussions, cartridges
and other explosive materials, except bullets for
firearm.
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. (9)

"Flammable" any substance or material that

is highly combustible and self-igniting by
chemical reaction and shall include but not
limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium
mixtures and other similar substances or
materials.

"Corrosive" 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,
allyl chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and other
similar materials and substances.

"Poisonous" 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 allyl
isothiocyanate, ammunition (chemical, non-
explosive but containing Class A, B or poison),
aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or
materials.

For any death or injury to persons or damage to

property resulting from a violation of 3 above, the
person responsible therefor may be held liable in
accordance with the applicable provisions of the
Revised Penal Code.

Authority of airline companies to inspect cargo

etc.

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 law

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. (8)

Disclaimer on airline ticket

Every ticket issued to a passenger by the

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