CRIME TREASON

ELEMENTS 1. that the offender is a Filipino citizen or an alien residing in the Philippines. 2. that there is war in which the Philippines is involved. 3. that the offender either a. levies war against the government b. adheres to the enemies giving them aid or comfort

NATURE A violation of his allegiance to his sovereign or to the supreme authority of the state.

MODES 1. by levying war against the government 2. by adhering to the enemies of the Philippines giving them aid or comfort.

DEFINATION Breach o allegiance to a government committed by a person who owes allegiance to it. LEVYING A WAR: Requires the concurrence of two things a. That there be an actual assembly of men b. For the purpose of executing a treasonable design by force TWO WITNESS RULE: testimony of 2 witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. They must adhered to as to each and every one of all the external manifestations of the overt act in issue. ADHERENCE: may be proved by 1. By one witness 2. From the nature of the act itself 3. From the circumstances surrounding the act. The two witness rule does not apply to this crime because this is a separate and distinct crime from that of treason.

PENALTY Filipino citizen: reclusion perpetua fine not to exceed 100,000 php Alien: reclusion temporal to death fine not to exceed 100,000 php

CONSPIRACY AND PROPOSAL TO COMMIT TREASON

MISPRISION OF TREASON

CONSPIRACY: 1. Committed in time of war 2. Two or more persons come to an agreement to levy war against the government or to adhere to the enemies giving them aid or comfort 3. And decide to commit it. PROPOSAL: 1. Committed in time of war 2. A person has decided to levy war against the government or to adhere to the enemies giving them aid or comfort 3. Proposes its execution to some other person or persons. 1. that the offender must be owing allegiance to the Government and not a foreigner 2. That he has the 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 1st mode 1. that the offender enters any of the places 1. by entering, without authority therefor, a warship,

CONS:PRISION MAYOR, fine not to exceed 10,000 php PROP: prision correctional, fine not to exceed 5,000php

Be punished as an accessory to the crime of treason

ESPIONAGE

PRISION CORRECCIONA L

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 Phils. 2nd mode: 1. that the offender is a public officer 2. That he has in his possession the articles data or information referred to in paragraph 1 by reason of the public office he holds 3. That he discloses their contents to a representative of a foreign nation.

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 Philippines 2. by disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph 1, which he had in his possession by reason of public office he holds. Intention of the offender is immaterial. The crime is committed in times of peace.

If the offender is a public officer or employee : penalty next higher in degree

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

VIOLATION OF NEUTRALITY

CORRESPONDEN CE WITH HOSTILE COUNTRY

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 Phils. Or expose Filipino citizens to reprisals on their persons or property 1. That there is a war in which the Phils. Is not involved 2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality 3. That the offender violated such rules 1. that it is in time of war in which the Phils. 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 govt b) carried on in ciphers or conventional signs c) containing notice or information which might be useful to the enemy

Public officer or employee: reclusion temporal Private individual: prision mayor

NEUTRALITY: a nation or power which take no part in a contest of arms going on between others is reffered to as neutral.

PRISION CORRECCIONA L

FLIGHTS TO ENEMYS COUNTRY

1. that there is war in which the Phils. Is involved 2. That the offender must me owing allegiance to the Govt. 3. That the offender attempts to flee or go to enemy country 4. That

CORRESPONDENCE: is a communication by means of letters, or it may refer to the letters which pass between those who have friendly or business relations. 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. # if the offender intended to aid the enemy by giving such notice or information, the crime amounts to treason. An lien resident may be guilty of flight to enemy country> Mere attempt to flee or go to enemy country consummates the crime..

Prohibited by govt: prision correccional Ciphers or conventional signs: prision mayor Information which might be useful to the enemies: reclusion temporal

ARRESTO MAYOR

PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

going to enemy country is prohibited by competent authority 1.that a vessel is on the high seas or in Phil. Waters 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offenders a) attack or sieze that vessel b) sieze the whole or part of the cargo of the said vessel its equipment or personal belongings of its complement or passengers MUTINY: Elements of mutiny 1. The vessel is on the high seas or Philippine waters; 2. Offenders are either members of its complement, or passengers of the vessel; 3. Offenders either a. attack or seize the vessel or b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers 1.Whenever they have seized a vessel by boarding or firing upon the same 2. Whenever the pirates have abandoned their victims w/0 means of saving themselves 3. Whenever the crime is accompanied by murder homicide physical injuries or rape.. QUALIFIED MUTINY: the first two circumstances are not present

1. by attacking or seizing a vessel on the high seas or in Phil waters 2. By seizing in the vessel while on the high seas or Phil waters the whole or part of its cargo its equipment or personal belongings of its complement or passengers

High seas: any waters on the sea coast which are without the boundaries of low water mark, although such waters may be in the jurisdictional limits of a foreign govt. They are not included in the EEZ in territorial seas, internal waters of a state or in the archipelagic waters of an archipelagic state. Piracy- it is a robbery or forcible depredation on the high seas, w/o lawful authority and done with animo furandi and in the spirit of universal hostility MUTINY- it is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander

Reclusion pepetua

QUALIFIED PIRACY

ANTI HIJACKING LAW: Four situations governed by anti hijacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the aircraft; (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory; (3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive,

RECLUSION PERPETUA TO DEATH

ARBITRARY DETENTION

1. that the offender is a public officer or employee 2. That he detains a person. 3. that the detention is without a legal ground

DELAY IN THE DELIVERY OF DETAINED

1. That the offender is a public officer or employee 2. That he has detained a

explosive, or poisonous substance; and (4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. DETENTION: actual confinement of a person in an enclosure, or in any manner detaining and depriving him his liberty. LEGAL GROUND FOR THE DETENTION OF ANY PERSON: 1. The commission of the crime 2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital. WARRANTLESS ARREST: a. When in his presence the person to be arrested has committed is actually committing or is attempting to commit an offense b. When an offense has in fact just been committed, and he is probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it, c. When the person to be arrested is a prisoner who has escaped from the penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. PROBABLE CAUSE: such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. If the offender is a private person the crime is illegal detention.

3 days- arresto mayor in its maximum period- prision correccional in its minimum period <3 days >15 days- prision correccional in minimummaximum period <15days >6 mos- prision mayor <6mosreclusion temporal

Penalties in the crime of arbitrary

PERSONS TO PROPER JUDICIAL AUTHORITIES (warrantless arrest)

DELAYING RELEASE

person in some legal ground 3. That he fails to deliver such person to the proper judicial authorities within: a) 12 hrs for offenses punishable by light penalties or its equivalent b) 18 hrs for offenses punishable by correctional penalties or its equivalent c) 36 hrs for offenses punishable by afflictive or capital penalties. 1. that the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person. 3. That the offender w/o good reasons delay 1. The service of the notice of such order to the prisoner 2,. The performance of such judicial or executive order r the release of the prisoner 3. The proceedings upon a petition for the release of such person

Arrest by virtue of warrant of arrest this crime shall not apply

detention shall be imposed

ACTS PUNISHABLE: 1. by delaying the performance of the judicial or executive orderfor the release of a prisoner 2. By unduly delaying the service of the notice of such order to said prisoner 3. By unduly Delaying the proceedings upon any petition for the liberation of such person

The same penalty with arbitrary detention