CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS I.

Crimes Against National Security

1. Treason- is a breach of allegiance to a government, committed by a person who owes allegiance to it. s Elements: 1. That the offender is a Filipino citizen or an alien residing in the Philippines (resident alien); (or 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 a. levies war against the Government, or b. adheres to the enemies, giving them aid or comfort. -There must be an actual assembling of men. -In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war.(Justice Johnson, dissenting; US vs. Lagnason, 3 Phil. 495) -The levying of war must be with the intent to overthrow the government as such, not merely to resist a particular statute or to repel a particular officer. (3 Whartons Criminal Law, 12th Ed.) -The levying of war must be in collaboration with a foreign enemy. If the levying of war is merely a civil uprising, without any intention of helping an external enemy, the crime is not treason. The offenders may be held liable for rebellion. -In the second way or mode of committing treason, (1) adherence and (2) giving aid or comfort to the enemy must concur together. Adherence alone, without giving aid or comfort to the enemy, is not sufficient to constitute treason. And conversely, aid or comfort alone, without adherence is not treason. -The phrase 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. -The phrase aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country to resist or to attack the enemy. (Cramer vs. U.S., supra) -The defendants act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy. (People vs. Paar, 86 Phil. 864) The defendants act of commandeering foodstuffs for the Japanese soldiers is sufficient proof of adherence to the enemy. (People vs. Mangahas, 93 Phil. 1113) -The aid or comfort must be given to the enemy by dome kind of action. It must be a deed or physical activity, not merely a mental operation. The expression includes such acts as furnishing the enemy with arms, troops, supplies, information, or means of transportation. Specific acts of aid or comfort constituting treason:

1. Serving as informer and active member of the Japanese Military Police, arresting guerrilla suspects in an attempt to suppress the underground movement. (People vs. Fernando, 79 Phil. 719) 2. Serving in the Japanese Army as agent or spy and participating in the raid of guerrilla hideout. (People vs. Munoz, et. al., 79 Phil. 702); 3. Acting as finger woman when a barrio was zonified by the Japanese, pointing out to the Japanese several men whom she accused as guerrillas. (People vs. Nunez, 85 Phil. 448); 4. Taking active part in the mass killing of civilians by the Japanese soldiers by personally tying the hands of the victims. (People vs. Canibas, 85 Phil. 469) -Appellants membership in the police force of Manaoag does not in itself constitute treason; but his having accompanied the Japanese soldiers to the places of abode of guerrilla leaders and the several ill-treatments which he personally inflicted upon them because of their refusal to disclose their connection with the guerrilla forces, constitute treason. (People vs. Badili, 84 Phil. 71) -Treason cannot be proved by circumstantial evidence, however strong it may be or by the extrajudicial confession of the accused. -Two-witness rule-the testimony of two witnesses is required to prove the overt act of giving aid or comfort. -Good Defenses in treason: (a) defense of duress or uncontrollable fear; (b) lawful obedience to a de facto government Art. 115. Conspiracy and proposal to commit treason. Conspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. (Arts. 8 and 114) Proposal to commit treason is committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons. Art. 116. Misprision of treason. Elements: 1. That the offender must be showing allegiance to the Government and not a foreigner. 2. That he has knowledge of any conspiracy (to commit treason) against the Government. 3. 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. cannot be committed by a resident alien

does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority The offender is punished as an accessory to treason but principal in the crime of misprision of treason. Art 116 is an exception to the rule that mere silence does not make a person criminally liable.

Art. 117. Espionage. Espionage- is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. Elements of the 1st par.: 1. That the offender (any person, whether a citizen or a foreigner, a private individual or a public officer) enters any of the places mentioned therein; 2. That he has no authority therefor; 3. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. Elements of the second par.: 1. That the offender is a public officer; 2. That he has in his possession the articles, data or information referred to in par. No. 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. *It is not necessary that information, etc. is obtained. *Other acts of espionage are punished by Com. Act No. 616. VII. Provoking war and disloyalty in case of war Art. 118. Inciting to war or giving motives for reprisals. Ex. Raising of military troops Burning of flags or public destruction of flag or seal of a foreign state. 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. Art. 119. Violation of Neutrality Elements: 1. That there is a 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. Neutrality.

A nation or power which takes no part in a contest of arms going on between others is referred to as neutral. *There must be regulation issued by competent authority for the enforcement of neutrality. Art. 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 a. prohibited by the Government, or b. carried on in ciphers or conventional signs, or c. containing notice or information which might be useful to the enemy. Correspondence- is communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations. *A text in secret writing. *Even if correspondence contains innocent matters, if the correspondence has been prohibited by the Government, it is punishable. Circumstances qualifying the offense: a. That the notice or information might be useful to the enemy. b. That the offender intended to aid the enemy. Art. 121. Flight to enemys country. Elements: 1. That there is a war in which the Philippines is involved; 2. That the offender must be owing allegiance to the Government; 3. That the offender attempts to flee or go to enemy country; 4. That going to enemy country is prohibited by competent authority. *An alien resident may be guilty of flight to enemy country VIII. PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS Art. 122. Piracy 2 Ways or Modes of Committing Piracy: 1. By attacking or seizing a vessel on the high seas or in Philippine waters; 2. By seizing 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: 1. That a vessel is on the high seas or in Philippine waters; 2. That the offenders are not members of its complement or passengers of the vessel;

3. That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers. *cannot be prosecuted in the Philippines I foreign registry Piracy- robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Mutiny- unlawful resistance to a superior office, or the raising of commotions and disturbances on board a ship against the authority of its commander. *In piracy, the persons who attack a vessel or seize its cargo are strangers to said vessels; while in mutiny, they are members of the crew or passengers. Art. 123. Qualified Piracy -a special complex crime