TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS Chapter One Against National Security

ART.
114

CRIME
Treason (extraterritoriality)

PENALTY
Reclusion perpetua to death and shall pay a fine not to exceed 100K

DEFINITION
Is a breach of allegiance to a government committed by a person who owes allegiance to it Treason in general sense, is the violation of a subject of his allegiance to his sovereign or to the supreme authority of the state TWO ways of proving treason 1. Testimony of at least 2 witnesses to the same overt act; or 2. Confession of the accused in open court

ELEMENTS
3. That the offender is a Filipino citizen or an alien residing in the Philippines 4. That is a war in which the Philippines is involved 5. That the offender either: (a) levies war against the government (b) adheres to the enemies giving them aid and comfort TWO ways or modes of committing treason: 1. By levying war against the Government 2. By adhering to the enemies of the Phils. giving them aid or comfort.

CRIMES AGAINST NATIONAL SECURITY

115

Conspiracy and Proposal to Commit Treason

Shall be punished respectively by prision mayor and fine not exceeding 10K and by prision correcional and a fine not exceeding 5K Shall be punished as an accessory to the crime of treason

Conspiracy to commit treason is committed when in time of war two or more persons come to an agreement to levy war against the government or to adheres to the enemies and to give them aid or comfort and decide to commit it The offended must be owing allegiance to the government without being a foreigner

Proposal to commit treason is committed when in time 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 or persons

116

Misprision of Treason

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 A. By entering without authority therefor a warship, port, or naval or military establishment or reservation to obtain any information.. 1. That the offender enters any of the places mentioned therein, warship, port or naval or

117

Espionage

Penalty of prision correcional

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 of the Philippines or to the advantage of any foreign nation. Espionage v. Treason 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 two 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.

military establishment or reservation 2. That he has no authority therefor 3. That his purpose is to obtain information, plans, photograph or other data of confidential nature relative to the defense of the Philippines B. By disclosing to the representative of a foreign nation the contents of the article, data or information referred to number 1 of Art. 117 which he had in his possession by reason of the public office he holds 1. That the offender is a public officer 2. That he has in his possession the articles, data or information referred to by reason of the public office he holds 3. That he discloses their contents to a representative of a foreign nation

CRIMES AGAINST THE LAW OF NATIONS 118 Inciting to War or Giving Motives for Reprisal Reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individuals Prision correcional Example: The public destruction of the flag or seal of a foreign state or the pulic manifestations of hostility to the head or ambassador of another state 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 Philippines or expose Filipino citizens to reprisal on their persons or property 1. That there is a war in which the Philippines is not involve 2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality 3. That the offender violates such regulation

119

Violation of Neutrality

A nation or power which takes no part in a contest or arms going on between others is referred to as neutral. There must be regulation issued by competent authority for the enforcement of neutrality. It is the violation of such regulation which constitutes the crime.

120

Correspondence with Hostile Country

Prision correciional if the correspondence is prohibited by the government Prision mayor if be carried on in ciphers or conventional signs

Correspondence is communication by means of letter or it may refer to the letters which pass to those who have friendly or business relations Even if correspondence contains innocent matters, if the same has been

1. That it is in time of war in which the Philippines is involve 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

Reclusion temporal if notice or information be given thereby which might be useful to the enemy

prohibited by the Government, it is punishable.

b. carried on ciphers or conventional signs c. containing notice or information which might be useful to the enemy CIRCUMSTANCES qualifying the offense: the FF must concur together: 1. that the notice or information might be useful to the enemy; and 2. that the offender intended to aid the enemy

121

Flight to Enemys Country

Arresto mayor

An alien resident may be guilty of flight to the enemy country Mere attempt to flee or go to enemy country when prohibited by competent authority consummates the felony.

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 the enemy country 4. That going to enemy country is prohibited by competent authority TWO ways or modes of committing piracy: 1. By attacking or seizing a vessel on the high seas or in the Phil. Waters 2. By seizing in the vessel while on the high seas or in the Phil. Waters the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passenger. ELEMENTS: 1. That a vessel is on the high seas or in Philippine waters 2. That the offenders are not members of its complement or passenger or the vessel 3. That the offenders a. attack or seize that vessel b. seize the whole or part of the cargo of said vessel, its equipments or personal belongings of its complement or passengers 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. Wherever the pirated have abandoned their

122

Piracy Mutiny is also punished in this Article

Reclusion Perpetua

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 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.

123

Qualified Piracy

Reclusion Perpetua to Death

victims without means of saving themselves 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape