ACT NO.

3815 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS (December 8, 1930) BOOK TWO CRIMES AND PENALTIES Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes Against National Security Can only be tried in the PH. Triable in the PH even if committed outside its territorial boundaries. 1. Treason 2. Conspiracy and proposal to commit treason. 3. Misprision of treason. 4. Espionage. Crimes Against the Law of Nations Triable anywhere. 1. Inciting to war or giving motives for reprisals. 2. Violation of neutrality. 3. Correspondence with hostile country. 4. Flight to enemys country. 5. Piracy in general and mutiny on the high seas or in PH waters.

RPC -1932 vintage 1st Constitution 1934 But, there are constitutional basis or underpinnings in Title I. Q: Why do we have crimes against national security? A: Because it is the prime duty of the state to defend itself. CA No.1 National Defense Act. There is also a provision in the constitution that all citizens may be required by law to render personal, military and civil service. Lagman and de Sosa vs. Pp: CA No.1 was held constitutional. Q: Why do we have penal provisions on violation of the law of nations? What is the constitutional basis? A: Constitutional basis: because we adopt the GAPIL as part of the law of the land. Chapter One CRIMES AGAINST NATIONAL SECURITY Latest laws: e.g. National Security Act 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.

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

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 and Republic Act No. 7659.)

Treason, defined It is a breach of allegiance to a government committed by a person who owes allegiance to it. Q: Who may be liable? A: Filipino citizen & resident alien Q: How is it committed by a Filipino citizen A: 1. Levying war against the PH 2. Adhering to her enemies giving them aid or comfort within the PH or elsewhere Adherence or giving aid or comfort Adherence sympathy Aid or comfort overt act Par.2, Art.114 is evidentiary law. 1. No person shall be convicted of treason unless on the testimony of two witnesses for the same overt act 2. Confession of the accused in open court (which means not extrajudicial confession) Q: How is it committed by a resident alien? A: Commits acts of treason as defined in par.1. Q: What is the nature of the crime? A: Violation of the subject of his allegiance to the sovereign. Kind of Allegiance: Permanent Allegiance Filipino citizen Temporary Allegiance resident alien (in return for the protection given by the state or government to him Treason is a war crime. It can only be committed in times of war and not in time of peace. There must be a war between a foreign state or country. Treason is not an internal war. It must be an external war. AFP vs. NPA AFP vs. MILF/MNLF In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war. There may be treason if a citizen levies war against the government, etc. even if there is no formal declaration of war. 2 Kinds of War: 1. War in the legal sense: there must be a formal declaration of war 2. War in the technical sense: there may be armed hostilities between 2 countries without a formal declaration of war. Whether technical or legal, PH citizen or resident alien who levies war against the government, etc. is liable for treason. War must be directed against the government, and not just on some individuals. Filipino citizen/resident alien resists a particular statute Filipino citizen/resident alien repel a particular officer

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

Public officers do not commit treason by levying war because public uprising is not directed against the government. Adherence to the enemy means intent to betray. Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country. Adherence aid or comfort = No Treason Adherence + aid or comfort = Treason So emotional or intellectual attachment or sympathy to the enemy without giving him aid or comfort does not constitute treason. Aid or comfort must be given to the enemy by some kind of action. Assistance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason. Aid or comfort given to the enemy must be after the declaration of war. Q: Is there a complex crime of treason with common crimes? A: No. treason with murder treason with physical injuries Reason: murder & physical injuries are inherent in the crime of treason GR: When killings and other common crimes are charged as overt acts of treason they cannot be regarded as separate crimes or as complex with treason. XPN: look for this! Treason by Filipino citizen can be committed outside of the PH. Treason by a resident alien must be committed in the PH. 2-witness rule The defense of suspended allegiance and change of sovereignty, is not acceptable. But defense of obedience to a de facto government is a good defense. The defense of obedience to a de facto government is invoked by Benigno Aquino, the father of the late Sen.Ninoy. It was also the defense interposed by Jose Laurel, the president of the puppet Republic. Treason Apply the 2 witness rule Can be committed by a single individual Can only be committed in time of war Crime against national security Sedition There may only be 1 witness Rebellion Crime of multitude; mass movement Rising publicly and taking of arms against the government Can be committed in times of peace and war Crime against public order

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.

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

There are 2 crimes involved: 1. Conspiracy to commit treason 2. Proposal to commit treason Warning: In conspiracy and proposal, there must be no overt act of treason. Conspiracy -2 or more persons come to an agreement to commit a felony and decide to commit it. X, Y and Z conspired to commit treason. The following day they committed treason. Q: What crime is committed? A: Treason In conspiracy there is no overt act yet. There is only an agreement and a decision to commit. There should be no commission of the crime of treason. Proposal a person who has decided to commit a felony proposes its execution to some other person/s. Mere proposal (there is no overt act yet) is punished. If A proposes to X, Y and Z the commission of the crime of treason, and X, Y and Z committed treason. Q: What crime is committed treason? A: Treason Q: Why? A: Because the proposer becomes principal by induction since X, Y and Z committed treason after the proposal the crime committed by the 4 is treason. The 2 witness rule does not apply to conspiracy and proposal to commit 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. Warning: There is no misprision of rebellion. This can only be committed by a Filipino citizen and not by resident alien. The law says every person owing allegiance to the government without being a foreigner, and having knowledge of any conspiracy against them, who conceals or does not disclose or make known the same, as soon as possible, to the governor or prosecutor of the province, or the mayor or prosecutor of the city in which he resides, shall be punished as an accessory to the crime of treason. X, Y and Z conspired to commit treason. A knew about the conspiracy. The following day X, Y and Z committed treason. A knew about the commission of the crime. He did not report the incident immediately to the governor or prosecutor of the province, or the mayor or prosecutor of the city in which he resides. Q: Is he liable for misprision of treason? A: No. Reason: There is no crime for failure to report the commission of a crime. Q: What is punished in misprision of treason? If there is a conspiracy (no overt act yet) and you know about the existence of the conspiracy, you must report immediately to the authorities the existence of the conspiracy. What is punished is the failure to report the conspiracy as soon as possible. Why as soon as possible? Because the conspirators might make good their conspiracy. The accused is punished as accessory to the crime of treason but principal in the crime of misprision of treason. Art. 116 does not apply when the crime of treason is already committed, and the accused does not report his commission to the proper authority. GR: Mere silence does not make a person criminally liable. XPN: Art.116 (Misprision of Treason) Art. 117. Espionage. The penalty of prision correccional shall be inflicted upon any person who:

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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. Q: Who may be liable? A: Any personcitizen or alien Q: What are the acts punished? A: 1. Entering 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 PH. If the purpose is not to to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the PH, the crime is not espionage. It is probably trespass or whatever. 2. Can only be committed by public officer having possession of the data, information etc. and discloses there content to a representative of a foreign nation. Note: The law does not say hostile nation. It may be friendly nation. There is no distinction. The accused may also be held liable under RA 3019 (Anti-Graft & Corrupt Practices Act) and RA 6713 (Code of Conduct of Public Officers & Employees) for disclosing confidential information. To be liable under par.1, the offender must have the intention to obtain information relative to the defense of the Philippines. If the purpose were otherwise, there is no crime under Art.117 but there may be a crime under SPL. Q: Is it necessary that information, data, etc. be gathered? A: No. Because the law says to obtain any information . So, if the accused did not obtain any information, etc. but his purpose in entering is to obtain information, etc. then he is already liable under par.1, Art.117. In Art.117, citizenship is immaterial. There is a SPL: CA 616 (Espionage Law), also espionage and other offenses against national security. o Acts punished in CA 616: Sec. 1. Unlawfully obtaining or permitting to be obtained information affecting national defense, or to the advantage of any foreign nation. Sec. 2. Unlawful disclosing of information affecting national defense, committed in times of peace or in time of war. Sec. 3. Disloyal acts or words in time of peace like causing insubordination, disloyalty, or mutiny in the AFP. Sec. 4. Disloyal acts or words in time of war like conveying false reports with intent to interfere with the operation of the AFP or wilful obstruction to the recruitment or enlistment of services. Sec. 5.Conspiracy to violate preceding sections (said acts). Sec. 6. Harboring or concealing violators of the law. Q: What other law is involved for harbouring or concealing? A: PD 1829 (Obstruction of Justice) harboring or concealing a criminal offender. Photographing from aircraft of vital military information. ESPIONAGE TREASON Can be committed in times of peace or in times Can only be committed in times of war. of war. May be committed in many ways. Treason is limited to 2 ways of committing the crime: 1. Levying war 2. Adhering to the enemy by giving them aid or comfort.

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

There is SPL RA 4200 ANTI-WIRE TAPPING ACT/ TANADA LAW Lorenzo Tanada Q: Is wiretapping a form of espionage? A: Depends upon the purpose. If the purpose is to gather information about PH defense and national security, then it is espionage. Otherwise, it is a violation of 4200 only. Section Two. Provoking war and disloyalty in case of war 4 Crimes classified as provoking war and disloyalty in case of war: 1. Inciting to war or giving motives for reprisals (Art.118) 2. Violation of neutrality (Art.119) 3. Correspondence with hostile country (Art.120) 4. Flight to enemys country (Art.121) 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. UN Charter The government should not allow its citizens to assemble armed men to invade another country. That is violation of territorial integrity of another country. Q: Who may be liable? A: Pubic officer or employee (higher penalty); private persons who by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the PH or exposes the Filipino citizens to reprisals in their persons and property. If we burn flags of other countries, if we attack their embassies are acts which may provokes war or gives motives for reprisals. Inciting to war must be committed in times of peace. Q: What is reprisal in international law? A: It is a kind of retaliation or forcible or coercive measure whereby 1 state seeks to exercise a deterrent effect or to obtain redress or satisfaction. Reprisal is resorted to for the purpose of settling international disputes or redressing a grievance without going to war. It is a measure short of war in international law. In reprisal the intention of the offender is immaterial. Inciting to war or giving motives for reprisal is committed in times of peace. 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. 3 States involved: Warring states 3rd state a state which declares itself to be neutral in the armed hostilities of 2 other states The law says on the occasion of war in which the Government is not involved (e.g. war between Malaysia and Indonesia; war between China and Vietnam, and the PH government declares its neutrality). What is important is that the accused violates any regulation for the purpose of enforcing neutrality. There must be a regulation. If there is no regulation, there is no violation of neutrality. The regulation must be issued by competent authority. Q: Who is that competent authority? A: Under the Constitution and jurisprudence, it is the Executive department. If the SP passes or makes regulation for the purpose of enforcing neutrality, and you violate the regulation there is no crime under Art.119. 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:

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

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. OBSOLETE! The law says Any person, who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops . Art.120 is only limited to correspondence in writing. Correspondence is communication by means of letters. Even if the correspondence contains innocent matters, if there is a prohibition then a crime is committed. e.g. There is a war between PH and Malaysia. There is a prohibition to communicate with Malaysia. Your father is in Malaysia. You write him a letter dear tatay padad-e ko isa ka gantang munggos. There is already correspondence with hostile country. The correspondence here is correspondence with the enemy country or officials of the enemy country. Not correspondence with private individuals in the enemy country. 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. There must be war. The purpose or reason for fleeing to a foreign country esp. enemy country is immaterial. Mere attempt is already punished. The law says any person who, owing allegiance to the Government. So, he may be a Filipino citizen (permanent allegiance) or resident alien (temporary allegiance). The law says attempts to flee. It is not necessary that he has already fled. or go to an enemy country when prohibited by competent authority If the prohibition is made by the mayor there is no crime under Art.121. It must be the executive department which should prohibit flight to enemys country. 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 or in Philippine waters. (As amended by Sec. 3, Republic Act No. 7659.) 3 Piracy laws in the PH: 1. Art.122, RPC 2. PD 532 3. Air Piracy (Anti-Piracy and Anti- highway robbery law) The essence of piracy is robbery and not theft. Piracy is violence against or intimidation of persons or force upon things. Piracy, in general any person who on the high seas or PH waters. Old law only high seas New law now includes PH waters But RPC does not define PH waters Q: What are the 2 acts punished? A: 1. Attacking or seizing a vessel on the high seas or in PH waters. 2. Not being a member of its complement nor a passenger shall seize the whole or part of the cargo of the said vessel, its equipment, personal belongings of its complement or passengers.

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

Piracy under RPC Art.122 RPC does not define piracy Piracy, defined in PP vs. Lolo, et al., 43 Phil 19 It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi (intent to deprive or gain) and in the spirit and intention of universal hostility. If on the high seas or on PH waters there is a passenger that got the bag of his copassenger. Q: Is this piracy or theft? A: Theft. Reason: Because no violation against or intimidation of persons or force upon things. Disregard PP vs Lollo; PP vs Sarao

The accused is an outsider. Not a passenger. He is a stranger. The law says not being a member of its complement nor a passenger. This may be committed on the high seas or on PH waters.

Piracy under PD 532 PIRACY IN PH WATERS PIRACY, defined in Sec. 2(D): o any attack upon or seizure of any vessel or o the taking away of the whole or part thereof or its cargo equipment or the personal belongings of its complement or passengers o irrespective of the value thereof, o by means of: violence against or intimidation of persons or force upon things o committed by: any person including a passenger or member of the complement of said vessel o in PH waters, shall be considered as piracy. o The offenders shall be considered as Pirates. May be committed even by passengers or members of the crew or captain of the ship. The accused may be an insider. This may be committed only on PH waters. Philippine waters, defined: it shall refer to all bodies of water such as but not limited to seas, gulfs, bays around between and connecting each of the Islands of the PH Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the PH by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the PH has sovereignty or jurisdiction. Situation: Use of banca in the lake is piracy in PH waters violation of PD 532 not RPC. PD 532 defines vessel. Vessel, defined: any vessel or watercraft used for transport of passengers and cargo from one place to another through PH waters. o It shall include all types of vessels or boats used in fishing. Second sentence of Sec 2(B) is important! Read PP vs. Catantan o This case happened in Cebu o Fishing boat motorized banca commandeered by the Pilapil bros in Tabogon. Catantan forced the Pilapil o

RPC does not define vessel.

CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

Those who abet or aids piracy are considered only as accessories.

brothers to jump off the banca and go to another area for the purpose of commandeering or seizing the pump boat. Convicted of piracy by RTC Cebu. Appealed to the SC. o Catantans argument: Piracy involves only big ships. o SC said: No. Sec. 2(B) 2nd sentence: it shall include all types and kinds of vessels or boats used in fishing". o Why? One of the purposes of PD532 is to protect the fishing industry in the PH. Any person who acquires or receivers property from pirates or derives benefit therefrom, shall be considered accomplice. Here aiding pirates, the culprit is considered as an ACCOMPLICE. Aiding pirates or abetting piracy:(Sec.4, PD532) o Any person who Knowingly and in any manner o Aids or protects pirates such as: By giving them information about movement of police or other peace officers of the government, or Acquires or receives property taken by such pirates or brigands, or In any manner derives any benefit therefrom; or Any person who directly or indirectly abets the commission of piracy. o Shall be considered as an ACCOMPLICE of the principal offenders and be punished in accordance with the rules prescribed by the RPC. o PRESUMPTION: it shall be presumed that any person who does any of the acts provided in this Section has performed them KNOWINGLY, UNLESS the contrary is proven.

PD 532 does not amend piracy in RPC. PP vs. Tulin The culprits hi-jacked a vessel. Refurbish it, change its color. Then loaded stolen goods and were brought to Singapore and the goods were unloaded. SC: Piracy even if the goods were stolen outside of the country. Robbery on the high seas Piracy Simple Theft

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Offender is a member of the complement/crew/passenger of the vessel but there must be violence against or intimidation of persons or force upon things.

Offender is always an outsider.

If a passenger or even an outsider takes personal property with intent to gain but there was no violence against or intimidation of persons.

Mutiny on the high seas Old law: high seas only New law: includes PH waters also Offenders are not members of its complement nor a passenger, shall seize the whole or part of the vessel. Mutiny, defined 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 (Bouviers Law Dictionary, Vol.2, p.2283) Q: Who may be liable? A: complement or crew of the vessel; officer of the vessel; passengers 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. (As amended by Sec. 3, Republic Act No. 7659.) The essence is robbery. violence against or intimidation of persons or force upon things Absent any of these, there is only THEFT. Piracy or mutiny is qualified if any of the following circumstances is present: 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. Note: The main/primordial purpose of boarding the vessel is to rob (piracy). Murder, homicide, physical injuries, or rape are only incidental to the commission of the crime of piracy. If the main purpose of boarding the vessel is to rob and have killed someone in the vessel qualified piracy If the main purpose of boarding the vessel is to kill and robbery is only incidental to the killing murder If the main purpose of boarding the vessel is to kill and took personal property by means of violence against or intimidation of persons murder and piracy If the main purpose of boarding the vessel is to rape and took the personal property of the victim without violence against or intimidation of persons rape and theft If the main purpose of boarding the vessel is to rape and took personal property by means of violence against or intimidation of persons rape and piracy

Physical injuries may be serious, less serious or slight. Main purpose is PIRACY (to take personal properties inside the vessel) Qualified Piracy is a special complex crime regardless of the number of victims.

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CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes

If the main purpose of boarding the vessel is to rob and have killed 10 persons in the vessel qualified piracy If the main purpose of boarding the vessel is to rob and have murdered and rape the passengers of the vessel qualified piracy

Q: Is there a crime of qualified mutiny? A: Yes, in the same manner that there is qualified piracy.

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CRIMINAL LAW REVIEW| by: Judge Meinrado Paredes