Art.

119
CRIMINAL LAW 2
Art. 120
*Tips on Examinations:
Art. 122
1) Please write legibly
*All of them are created in times of war. Except for espionage.
2) Do NOT use abbreviations.
*The offense is more serious if it is committed in times of war.
3) Observe Margin
*Any Filipinos who owes allegiance to the Republic
Left: 1 inc
* “Actual Assembly of Men”
Right: ½ inc.
* “Giving the Enemy “Aid and Comfort”
*Tips on the books to buy:
*”Temporary Allegiance” – residing PERMANENTLY in the Philippines
1) Make sure that it is updated with all the amendments. as granted by the Bureau of Immigration.

*Tips on recitations:
1) Know the meaning of every term, legal or Latin maxims included.
2) memorize all the provisions because, “Nobody became a lawyer
without studying”.
* to give “Aid and Comfort” – must be in furtherance or for the
success of the enemy country.
* “Treason” – the most serious felony in RSVP.
- Not only committed within the Philippine Territory.

- may be committed by any nationality, Filipino or not. Say, those

who are a holder of “Permanent or Temporary Registration” or “Alien
JANUARY 19, 2018 Certificate of Registration”.

What are the crimes against national security? - The degree of liability will depend upon his citizenship.

“Law on Terrorism” ILLUSTRATION:

“The Human Security Act” A, a Chinese Citizen, has “ACR” in the PHL, and at the same time has
a business in MLY.
1. Treason
2. Terrorism Can A commit treason in the PHL? Yes.
3. Conspiracy
4. Espionage What are the Elements of the Acts of ‘Adherence to the Enemy
Country”?
What is “Slander by Deed”?
a. To complete the crime, there must be the element of “AC”
Uses violence  Mere giving of food or pag - patulog sa bahay is
not under this category.
“Unjust FIXATION”?

“Acts of Lasciviousness”
What are the other offenses absorbed by treason?
Is giving a dirty sign to another person punishable?
Explain the procedural aspect of “Proof Beyond Reasonable Doubt
Yes. The Supreme Court ruled that it is a “Slander by Deed”.
in this instance?
CRIMES AGAINST NATIONAL SECURITY:
Do they have the same avert acts?
*All crimes under Book II are felonies. Hence, they are not referred
*Remember that Conviction under this instance:
to as an “offense” but as a “felony”.
- the accused must confess his guilt in open court.
CRIMES AGAINST THE LAW OF NATIONS:
- there must be an actual trial.
*There are 5:
- the court must require the existence of the evidence.
Art. 118
What is “Allegiance”? * When is there a commission by TREASON?

- Obligation
- Fidelity
- Obedience to the Republic ESPIONAGE – ART. 117

What Aggravating Circumstance is absorbed? * committed by entering without authority /usurpation (relative to
the defense of the Philippines)
When is Treason committed?
Ex: Taking of Photographs
- At war with another country.
- Otherwise, there is no treason or it could be counted as a Other form of Espionage:
disloyal act which is also punishable.
* Ex: Public Officer – must be in possession of materials relative to
What is the Penalty for this offense? the defence of our country. Notwithstanding if the country is at war
or not.
- Before: Death
- Now: Reclusion Perpetua without Parole (Not divisible, * Remember that economic espionage is punishable in America but
hence, there is no parol) not in the Philippines.

Cases: * Disloyal acts committed by anyone who owns allegiance to the

Republic.
- People vs. Jose P. Laurel Sr.
- Exzequiel vs. Castillo
CRIMES AGAINST LAW OF NATIONS
*Treason is just like “Rebellion” , it is also a “CONTINUING CRIME”.
Art. 118:
*It absorbs every felony.
a. Inciting to war
b. Inciting moves for reappraisals
Defense: Duress or uncontrollable fear/they lawfully obeyed under a
 Aveda Massacre
de facto government.  Flor Contemplacion

REBELLION vs. TREASON VIOLATION OF NEUTRALITY

- (R) To substitute the government; (T) to give aid to the * How is this committed?
enemy government.
ART. 120
SEDITION vs. TREASON
*Correspondence with an enemy country.
- (S) political/personal ; (T)
- (S) cannot be complex with crimes against persons * It must be useful to the “Enemy Country”, then it shall be a
- ILLUSTRATION: qualifying agrrevating circumstance.
o NOT = Sedition x Murder
 INSTEAD = Sedition + Murder
 Because they are treated as
separate crimes. ART 121

* Conspiracy must be preceded by a formal contract/agreement. * Art. 1700 or the Anti-Subversion Law

* When is there CONSPIRACY? (Even if it is not accepted, it is already

a felony)
HW:
* When is there Treason?
Piracy
*Art. 116
P.D. 532 (Section 1-20)
- “must not be a foreigner”

- “ there must be a personal knowledge”

- “felony committed by seditopn”?