Criminal Law Book 2

Easter College

TITLE I. CRIMES AGAINST NATIONAL

SECURITY AND THE LAW OF NATIONS

Crimes Against National Security

1. Treason (Art. 114);

2. Conspiracy and proposal to
commit
treason (Art. 115);
3. Misprision of treason (Art.
116); and
4. Espionage (Art. 117).

Crimes Against The Law Of Nations

1. Inciting to war or giving

motives for
reprisals (Art. 118);
2. Violation of neutrality (Art.
119);
3. Corresponding with hostile
country
(Art. 120);
4. Flight to enemy's country

Article 114 Treason

Elements
1. Offender is a Filipino or resident alien;
2. There is a war in which the Philippines
is involved;
3. Offender either
a. levies war against the government;
or
b. adheres to the enemies, giving them
aid or comfort within the Philippines or
elsewhere

Requirements of levying war

1. Actual assembling of men;
2. To execute a treasonable
design by force;
3. Intent is to deliver the country
in whole or in part to the enemy;
and
4. Collaboration with foreign
enemy or
some foreign sovereign

Two ways of proving treason

1. Testimony of at least two
witnesses to the same overt act;
or
2. Confession of accused in open
court.

Article 115. Conspiracy and

Proposal to Commit Treason
Elements of conspiracy to commit treason
1. There is a war in which the
Philippines is involved;
2. At least two persons come to an
agreement to
a. levy war against the government; or
b. adhere to the enemies, giving them
aid or comfort;
3. They decide to commit it.

Elements Of Proposal To Commit Treason

1. There is a war in which the
Philippines is involved;
2. At least one person decides to
a. levy war against the
government; or
b. adhere to the enemies, giving
them aid or comfort;
3. He proposes its execution to
some other persons.

Article 116. Misprision of

Treason
Elements
1. Offender owes allegiance to the
government, and not a foreigner;
2. He has knowledge of conspiracy to
commit treason against the government;
3. He conceals or does not disclose and
make known the same as soon as possible
to the governor or fiscal of the province in
which he resides, or the mayor or fiscal of
the city in which he resides.

Article 117. Espionage

Acts punished
1. By entering, without authority
therefore, a warship, fort or naval or
military establishment or reservation
to obtain any information, plans,
photograph or other data of a
confidential nature relative to the
defense of the Philippines;

Elements #1
1. Offender enters any of the
places mentioned;
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.

Acts Punished
2. By disclosing to the
representative of a foreign
nation the contents of the
articles, data or information
referred to in paragraph 1 of
Article 117, which he had in his
possession by reason of the
public office he holds.

Elements #2
1. Offender is a public officer;
2. He has in his possession the
articles, data or information
referred to in paragraph 1 of
Article 117, by reason of the
public office he holds;
3. He discloses their contents to a
representative of a foreign nation.