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TITLE 1.

CRIMES AGAINST NATIONAL a) informant


SECURITY AND THE LAW OF THE NATIONS.
b) agent or spy
A. CRIMES AGAINST NATIONAL
SECURITY (TREASON AND c) acting as a finger woman
ESPIONAGE)
d) taking active part in mass killing
Art. 114 Treason – breach of allegiance to a
govt committed by person who owes allegiance *ways of proving treason
to it.
• testimony of 2 witnesses, at least to
Elements: the same overt act

• Filipino citizen / resident alien • confession of the accused in open court

• There is war, Philippines is involved Art. 115 conspiracy and proposal to commit
treason
• Offender either: (modes of committing)
Elements:
a) Levies war against govt
• in times of war (phil is involved)
b) Adheres to the enemies, giving
them aid or comfort • modes:

*allegiance – fidelity and obedience w/c the a) two or more persons came to an
individual owes allegiance to the govt under agreement
w/c they live, or to the sovereign , in return for
the protection they receive . b) a person has proposed to the
execution to some other person or
*types of allegiance: persons

• Permanent (purpose)

• Temporary (ex: resident alien) c) to levy war against the govt or to


adhere to the enemies giving them
*levies war (must be directed against the aid or comfort
government)
*penalties
• There is actual assembly of men
• conspiracy – prision mayor and 10,000
• Purpose is to execute a treasonable
design by force • proposal – prision correctional and
5,000
*adherence to the enemy – means intent to
betray when a citizen intellectually or Art. 116 misprision of treason
emotionally favors the enemy and harbors
sympathy or convictions disloyal to his Elements:
countries interest.
• offender owes allegiance to the gov’t
*aid and comfort – act w/c strengthens or tends (phil / us) (not resident alien, not being
to strengthen the enemy in the conduct of war a foreigner)
against the traitor’s country and an act w/c
weakens or tends to weaken the power of the • has knowledge of any conspiracy (to
traitor’s country to resist or attack the enemy. commit treason)

Elements: • conceals or does not disclose and make


known as soon as possible to the
• Adherence and aid/comfort must be governor or fiscal of the province, or
present the mayor or the fiscal of the city he
resides
• specific acts of aid/comfort
*misprision of treason is punished as an • sec 2. Unlawfully disclosing of
accessory, therefore it is two degrees lower information affecting national defense
than the principal of treason, however he is still
principal of misprision of treason. • sec 3. Disloyal acts or words in time of
peace
*Art. 20 does not apply because art 20 is
applied only to accessory. • sec 4. Disloyal acts or words in time of
war
Art. 117 Espionage – is the offense of
gathering, transmitting, or losing information • sec 5. Conspiracy to violate preceding
respecting the national defense w/ intent or sections
reason to believe that the information is to be
used to the injury of the republic of the phil or • sec 6. Harboring or concealing violators
to the advantage of any foreign nation of the law
Penalty – prision correctional *espionage vs treason
*modes of committing (2 ways) ESPIONAGE TREASON
WHEN: WAR AND WAR
1. By entering w/o authority a warship, fort or
PEACE
naval, or military establishment or reservation
HOW: MANY WAYS 1. LEVYING WAR
to obtain any information, plans, photographs
(DISCUSSED ) AGAINST THE
or other data of confidential nature relative to
GOVT
the defense of Philippines
2. ADHERENCE,
GIVING AID
Elements:
AND
COMFORT
• offender enters any place mentioned

• has no authority
B. PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
• purpose is to obtain information (plans,
photographs or other data) of Art. 118 inciting to war or giving motives for
confidential nature relative to the reprisals
defense of Philippines
*penalty – reclusion temporal (public officer
2. By disclosing to the representative of a or employee ) prision mayor (any private
foreign nation the contents of the articles, data individual)
or information referred in paragraph 1 w/c he
had in his possession by reason of the public Elements:
office he holds .
• Offender perform unlawful or
Elements:
unauthorized acts
• offender is a public officer
• Such acts provokes or give
occasion for a war involving or
• he has in his possession the articles, liable to involve the phil or expose
data or information by reason of his Filipino citizens to reprisals on their
public office person or property
• he discloses their contents to a *intention is immaterial, can be caused
representative of a foreign nation by imprudence
*other acts of espionage (commonwealth act *committed in time of peace
no. 616 )
Art. 119 violation of neutralism
• sec 1. Unlawfully obtaining or
permitting to be obtained information *penalty – prision correccional
affecting national defense
*neutrality – a nation or power w/c takes no • Going to enemy’s country is prohibited
part in a contest of arms going on between by competent authority
others
*resident alien may be guilty of art 121
Elements:
*art 121 cannot be committed when fleeing to
• There is war, but phil is not involved enemy is not prohibited by competent
authority
• There is a regulation issued by
competent authority enforcing C. PIRACY AND MUTINY ON THE HIGH
neutrality SEAS IN PHILIPPINE WATERS

• Offender violates such regulation Art. 122 piracy in general and mutiny on the
high seas or in the Philippine waters (reclusion
Art. 120 correspondence w/ hostile country perpetua)

*correspondence – is communication by means *modes of committing ( 2 ways )


of letter or it may refer to letters w/c pass
between those who have friendly or business 1. By attacking or seizing a vessel on high seas
relation or Philippine waters

Elements: 2. Siezing in the vessel while on the high seas


or in Philippine waters, the whole or part of its
• There is a war phil is involved cargo, its equipment or personal belongings of
its complement or passengers
• Offender makes correspondence w/ an
enemy country or territory occupied by Elements:
enemy troops
• Vessel is in the high seas or Philippine
• Correspondence is either (nature of waters
correspondence):
• Offenders are not member of its
a)prohibited by govt (prision complements or passengers
correccional)
• Offender does 1 or 2
b) carried on in ciphers or conventional
signs (prision mayor) *Piracy – robbery or forcible depredation on the
high seas, w/o lawful authority and done with
C) containing notice or information w/c animo furandi and in the spirit and intention of
might be useful to the enemy universal hostility
(reclusion temporal)
*Mutiny – unlawful resistance to a superior
*even if correspondence contains innocent officer, or the raising of commotions and
matters, if prohibited by govt, punishable disturbances on board a ship against the
authority of its commander
*prohibition is essential in paragraphs 2 and 3

*temporal to death if intended to aid the


enemy PIRACY MUTINY
WHO: STRANGER MEMBERS OF CREW
Art. 121 flight to enemy’s country OR PASSENGERS
WHAT: INTENT TO TO IGNORE THE
Elements: GAIN SHIP’S OFFICERS OR
THEY MAY BE
• There is war w/c the phil is involved PROMPTED TO
COMMIT PLUNDER
• Offender must be owing allegiance
(temporary or permanent) to the govt
Art. 123 qualified piracy
• Offender attempts to flee or go to
enemy country
*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