Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Chapter One CRIMES AGAINST NATIONAL

SECURITY Section One - Treason and Espionage Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945). Elements of Treason 1.That the offender is a Filipino citizen or an alien residing in 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. Treason, defined -Treason is the breach of allegiance to a government, committed by a person who owes allegiance to it. Nature of the crime -Violation by the subject of his allegiance to his sovereign or to the supreme authority of the State The offender in treason is either a Filipino citizen or a resident alien. How to prove that the offender is a Filipino citizen -Prison records which sets out his personal circumstances. -Testimony of witnesses Law on treason is of Anglo-American origin Allegiance, defined - Obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. Allegiance is either permanent or temporary -Permanent allegiance is owed by the alien to his own country. - Temporary allegiance is what he owes to the country where he resides. Treason cannot be committed in times of peace. -It is a war crime, not an all-time offense. -Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started. -It is punished by the state as an act of self-defense and self-preservation. Two modes of committing treason 1)By levying war against the government. 2)By adhering to the enemies of the Philippines, giving them aid or comfort. Meaning of "levies war" -Requires the concurrence of two things: 1.actual assembling of men 2.for the purpose of executing a treasonable design by force There must be an actual assembling of men -Mere acceptance of commission from the secretary of war of the Katipunan society by the accused, nothing else having been done, was not an overt act of treason. -The actual enlistment of men to serve against the Government does not amount to levying of war because there is no 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 The war must be directed against the government -The levying of war must be with intent to overthrow the government as such not merely to resist a particular statute or to repel a particular officer. -It matters not how vain or futile the attempt was and how impossible of accomplishment. It is necessary that the purpose of levying war is to deliver the country in whole or in part to the enemy. -Note: it does not mean that adhering to the enemies is required only in the second mode of committing treason.

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 the external enemy, the offenders may be liable for rebellion. Adherence to the enemy, defined -Intent to betray. -When a citizen intellectually or emotionally favors the enemy and harbors sympathies and convictions disloyal to his country's policy or interest. "Aid or comfort" defined -An act which strengthens or tends to strengthen he enemy in the conduct of war against the traitor's country and an act which weakens or tends to weaken the power of the traitor's country to resist or to attack the enemy. Adherence alone, without giving the enemy aid or comfort, does not constitute treason -Emotional or intellectual attachment or sympathy to the enemy, without giving the enemy aid or comfort, is not treason. -The fact that the accused had friendly relations with the Japs during the war, openly revealing himself sympathetic to the cause of the enemy and also believing in the invincibility of the Japanese Armed Forces does not constitute in itself treasonable act as defined by law. When there is no adherence to the enemy, the act which may do aid or comfort to the enemy does not amount to treason -The sale to enemy of alum crystals and water pipes does not per se constitute treason, because such articles are not exclusively for war purposes and the sale does not necessarily carry an intention on the part of the vendor to adhere to the enemy. Giving information to, or commandeering foodstuffs for, the enemy is evidence of both adherence and aid or comfort Extent of aid or comfort -The aid or comfort must be given to the enemy by some kind of action, by a deed or physical activity and not merely a mental operation. -Furnishing the enemy with arms, troops, supplies, information or means of transportation. -As a general rule, to be treasonous, the extent of aid or comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and, in addition, be directly in furtherance of the enemies' hostile design. The act committed need not actually strengthen the enemy -Provided overt acts are done, which if successful would advance the interest of the enemy. -It is not the degree of success, but rather the aim for which the act was perpetrated, that determines the commission of treason Commandeering of women to satisfy the lust of the enemy or to enliven the entertainments held in their honor was not treason even though the women and the entertainment helped to make life more pleasant for the enemies and boost their spirit. Specific acts of aid or comfort constituting treason 1.Serving as informer and active member of the Japanese Military Police, arresting guerilla suspects in an attempt to suppress the underground movement. 2.Agent or spy 3.Finger woman, pointing out to the Japs several men whom she suspects as guerillas 4.Active part in mass killing of civilians Being a Makapili constitutes an overt act of psychological discomfort -If he placed himself at the enemy's call to fight side by side with him when the opportune time came even though an opportunity never presented itself. Such membership by itself gave the enemy aid and comfort. Acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason When there is adherence to the enemy -If the positions to which the accused was appointed were not only highly reasonable positions but also policy-determining, because they defined the norm of conduct of all the offices and officials under the departments he headed had to adopt and enforce, this constitutes treason. Mere governmental work during the Japanese regime is not an act of treason -Eg. membership in the Bureau of Constabulary, which was intended for the promotion and preservation of law and order. Membership in the police force during occupation is not treason; but active participation with the enemies in the apprehension of guerillas and infliction of ill-treatment make such membership liable for treason Guerilla warfare may be unlawful from the standpoint of the conqueror, it should not be suppressed because it cannot be regarded as unlawful by those who, by natural right, are trying to drive him out of their invaded territory When the arrest of persons alleged to have been guerillas was caused by the accused due to their committing a common crime, like arson, he is not liable for treason

The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of a foreign power -"Enemies" applies only to the subjects of a foreign power in a state of hostility with the traitor's country. No treason thru negligence Is there a complex crime of treason with murder, physical injuries, etc.? -Japanese spy took part in the execution of guerilla suspects and in the infliction of physical injuries on the others inherent in the crime of treason characterized by the giving of aid and comfort to the enemy. When killings and other common crimes are charged as overt acts of treason, they cannot be regarded as 1) separate crimes OR 2) as complexed with treason. -But this rule will not preclude the punishment of murder or other common crimes as such, IF the prosecution should elect to prosecute the culprit specifically for there crimes, instead of relying on them as an element of treason. Treason by Filipino citizen can be committed outside the Philippines Treason by an alien must be committed in the Philippines Treason is a continuous offense Treason cannot be proved by circumstantial evidence of the extrajudicial confession of the accused Ways of proving treason 1.testimony of two witnesses, at least to the same overt acts; OR 2.confession of the accused in open court The two-witness rule -To prove the overt act of giving aid or comfort; not necessary to prove adherence -The two-witness rule must be adhered to as to each and every one of all the external manifestations of the overt acts in issue -It is not required that their testimony be identical The two-witness rule is "severely restrictive" and conviction for treason difficult -This provision requires that each of the witnesses must testify to the whole overt act or if it is separable, that there must be two witnesses to each part of the overt act. The defendant should be acquitted if only one of the two witnesses is believed by the court -There is a need for corroboration in the form of direct testimony of another eyewitness to the same overt act.

-Eg. "A" testified that he saw the defendants going to the house of Ibarra in search of the latter's revolver; "B" testified that when
Ibarra went to the garrison, the defendant required Ibarra to produce his revolver. It was held that the search of the revolver in the house of Ibarra is one overt act and the requiring to produce the revolver in the garrison, another. NOTE: Although both acts may logically be presumed to have answered the same purpose, that of confiscating Ibarra's revolver, the singleness of purpose is not enough to make one of two acts. It is sufficient that the witnesses are uniform in their testimony on the overt act; it is not necessary that there be a corroboration between them on the point they testified -"A" testified that the defendant, with a Japanese interpreter arrived at their house and inquired if his brother was at home. "B" did not corroborate "A" in this respect. But said witnesses were uniform in their testimony on the overt act that the brother was arrested and the defendant actually aided in his arrest. The two-witness rule is not affected by discrepancies in minor details of the testimony Reason for requiring the two witnesses to testify to the same overt act -Special nature of the crime of treason which requires that the accused be accorded with a special protection not required in other cases so as to avoid a miscarriage ofjustice. Adherence may be proved 1.by one witness; 2.from the nature of the act itself; OR 3.from the circumstances surrounding the act. Reason why adherence to the enemy need not be proved by two witnesses -What is designed in the mind of an accused never is susceptible of proof by direct testimony. Confession must be made in open court -Confession means a confession of guilt and not only an admission of facts made by the accused in giving his testimony after a plea of not guilty, from which admissions of his guilt can be inferred. Aggravating circumstances in treason 1.Cruelty and ignominy 2.Evident premeditation is NOT aggravating in treason (Rationale: giving of aid or comfort to the enemy is usually a long, continued process) 3.Superior strength and treachery are INHERENT in treason

Article 64 is not strictly applied to treason -The amount or degree of aid or comfort given the enemy as well as the gravity of treason committed by the accused, rather than the circumstances aggravating or mitigating the offense, determines the period of the penalty to be imposed. The gravity or seriousness of the acts of treason considered. Defense of suspended allegiance and change of sovereignty, NOT accepted -Reasons 1.a citizen owes an absolute and permanent allegiance to his Government; 2.the sovereignty of the government is not transferred to the enemy by mere occupation 3.the subsistence of the sovereignty of the legitimate government is one of the rules of International law 4.what is suspended is the exercise of the rights of sovereignty Defense of loss of citizenship by joining the army of the enemy - The accused cannot divest himself of his Philippine citizenship by the simple expedient act of accepting a commission in the military, naval or air service of such country. If the contention of the accused would be sustained, his very crime would be the shield that would protect him from punishment. Defense of duress or uncontrollable fear acceptable because nothing will excuse the act of joining an enemy, but the fear of immediate death; not the fear of any inferior personal injury nor the apprehension of any outrage upon property. Art. 115. Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000 pesos. How are the crimes of conspiracy and proposal to commit treason committed? -Conspiracy to commit treason is committed when in times of war, 2 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. -Proposal to commit treason is committed when in times 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/s. Conspiracy or proposal as a felony -The reason is that in treason the very existence of the state is endangered. The two-witness rule does not apply to conspiracy or proposal to commit treason because this is a separate offense from that of treason. Art. 116. Misprision of treason. Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, 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, as the case may be, shall be punished as an accessory to the crime of treason. Elements: 1.That the offender must be owing 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. Misprision of treason cannot be committed by a resident alien The conspiracy is one to commit treason Article 116 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 in misprision of treason is punished as an accessory to treason -NOTE: Article 116 does not provide for a penalty hence, the penalty of misprision of treason is two degrees lower than that provided for treason. The offender is, however, a principal in the crime of misprision of treason Article 20 does not apply because it applies only to accessory Article 116 is an exception to the rule that mere silence does not make a person criminally liable. Art. 117. Espionage. The penalty of prision correccional shall be inflicted upon any person who: 1.Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any

information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or 2.Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation. The penalty next higher in degree shall be imposed if the offender be a public officer or employee. Espionage, defined - 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 or to the advantage of any foreign nation. Two ways of committing espionage under Article 117 1. By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data or confidential nature relative to the defense of the Philippines. Elements

1)That the offender enters any of the place mentioned 2)That he has no authority therefore 3)That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the
2. defense of the Philippines By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph No. 1 of Article 117, which he had in his possession by reason of the public office he holds.

Elements

1)That the offender is a public officer 2)That he has in his possession the articles, data, information referred to in Paragraph No. 1 of Article 117, by reason of
the public office he holds

3)That he discloses their contents to a representative of a foreign nation

To be liable under Paragraph 1, the offender must have the intention to obtain information relative to the defense of the Philippines It is not necessary that information, etc. is obtained; it is sufficient that he has the purpose to obtain any of them when he entered a warship, fort or naval or military establishment. Persons liable in 2 ways of committing espionage 1.Paragraph 1 - offender is any person, whether a citizen or a foreigner, a private individual or a public officer NOTE: when the offender is a public officer or employee, the penalty next higher in degree shall be imposed. 2.Paragraph 2 - offender must be a public officer who has in his possession the article, data or information by reason of the public office he holds Espionage distinguished from treason -Espionage and treason are crimes not conditioned by the citizenship of the offender. -Treason is committed only in time of war while espionage may be committed both in time of peace and in time of war. -Treason is limited in 2 ways of committing the crime: levying war and adhering to the enemy giving him aid or comfort; while espionage may be committed in many ways. Section Two - Provoking war and disloyalty in case of war What are the crimes classified under this? 1.Inciting to war or giving motives for reprisals 2.Violation of neutrality 3.Correspondence with hostile country 4.Flight to enemy' s country Art. 118. Inciting to war or giving motives for reprisals. The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property. Elements 1.That the offender performs unlawful or unauthorized acts 2.That such acts provoke or give occasion for war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Examples -Rising, without sufficient authorization, of troops within the Philippines for the service of a foreign nation against another nation. -Public destruction of the flag or seal of a foreign state -Public manifestation of hostility to the head or ambassador of another state

The intention of the offender is immaterial because the law considers only the effects produced by the acts of the accused. -Such acts might disturb the friendly relation that we have with foreign country, and they are penalized even if they constitute a mere imprudence. Committed in time of peace Penalty is higher when the offender is a public office or employee Art. 119. Violation of neutrality. The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing 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, defined -A nation or power which takes no part in a contest of arms going on between others. There must be a regulation issued by competent authority for the enforcement of neutrality Art. 120. Correspondence with hostile country. Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: 1.By prision correccional, if the correspondence has been prohibited by the Government; 2.By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and 3.By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death. Elements 1.That it is in time of war 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; b.Carried on in ciphers or conventional signs; or c.Containing notice or information which might be useful to the enemy Meaning of correspondence -Communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations. Even if correspondence contains innocent matters, if the correspondence has been prohibited by the Government, it is punishable. Prohibition by the Government is not essential in paragraphs 2 and 3 of Article 120. Circumstances qualifying the offense -The following must CONCUR together a.That the notice or information might be useful to the enemy b.That the offender intended to aid the enemy -NOTE: of the offender intended to aid the enemy by giving such notice or information, the crime amounts to treason, hence the penalty is the same as that of treason. Art. 121. Flight to enemy country. The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority. 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 Mere attempt to flee or go to enemy country consummates the crime "When prohibited by competent authority" suggests that it must be implemented by the Government. Section Three - Piracy and mutiny on the high seas Art. 122. Piracy in general and mutiny on the high seas. The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. The same

penalty shall be inflicted in case of mutiny on the high seas. Two 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 complements or passengers. Elements of piracy 1.That the 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 the vessel OR b.Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers Meaning of high seas -As defined in the Convention on the Law of the Sea, high seas are parts of the seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state. Definition of Piracy -It is 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. Piracy distinguished from robbery on the high seas -In both, there is INTENT TO GAIN and the MANNER of committing the crime is the same. -When the offender is a member of the complement or a passenger of the vessel and there is violence against or intimidation of persons or force upon things in taking the property in the vessel, it is common robbery; if the offender is an outsider, it will be piracy. Mutiny is punished in Article 122 -Usually committed by the other members of the complement and may be committed by the passengers of the vessel. Definition of mutiny -Unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander Piracy distinguished from mutiny -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. -The intent to gain is essential in piracy, in mutiny, the offenders may only intend to ignore the ship's officers or they may be prompted by a desire to commit plunder. Art. 123. Qualified piracy. The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following 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; or 3.Whenever the crime is accompanied by murder, homicide, physical injuries or rape. "Upon those who commit any of the crimes referred to in the preceding articles" -Piracy or mutiny is qualified if any of the following circumstances is present: 1.whenever the offenders have seized the vessel by boarding or firing upon the same; OR 2.whenever the crime is accompanied by murder, homicide, physical injuries or rape. It is qualified piracy when the crime was accompanied by rape and the offenders abandoned their victims without means of saving themselves. 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. Nor does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state. Before Article 122 was amended by RA No. 7659, only piracy and mutiny on the high seas was covered by the RPC. The commission of the acts described in Article 122 and/or 123 in Philippine waters was punished as piracy under PD No. 532. Qualified piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of the victims. -The number of persons killed in the occasion of piracy is immaterial. Philippine waters, defined -All bodies of water, such as but not limited to sea, gulfs, bays around, between and connecting each of the islands of the Philippines, irrespective of its depth, breadth, length or dimension and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the seabed, the insular shelves, and other submarine areas over which the

Philippines has sovereignty or jurisdiction. Vessel, defined -Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice -It is presumed that any person who does any of these acts has performed them knowingly, unless he contrary is proven.