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There must be an actual assembling of men. Thus, the Ways of proving treason
actual enlistment of men to serve against the government
doesnt amount to levying war. A person may be convicted of treason on the following
evidence ONLY:
Under this mode, it is not necessary that there be a formal 1. [Two-witness rule] Testimony of two witnesses, at
declaration of the existence of a state of war. Actual least, to the same overt act; or
hostilities may determine the date of the commencement of 2. Confession of the accused in open court.
war.
The two-witness rule
The war must be directed against the government, not
merely to resist a particular statute or to repel a particular The testimony of two witnesses is required to prove the
officer. However, it is NOT necessary that those attempting overt act of giving aid or comfort. It is not necessary to
to overthrow the govt succeed in their designs. prove adherence.
Q: Is it necessary under this mode that the purpose of Q: A testified that he saw X on guard duty in the Japanese
levying war is to deliver the country in whole or in part to garrison on Monday. B testified that he also saw X on guard
the enemy? duty in the garrison on Wednesday. Can X be convicted of
A: Yes, if the uprising is committed without enemy treason on the basis of A & Bs testimony?
collaboration, the crime would be rebellion not treason. A: No. Both overt acts, although of the same nature and
character, are two distinct acts. Either one, to serve as a
2nd mode: Adhering to the enemies, giving them aid ground for conviction, must be proved by two witnesses.
or comfort That one witness should testify as to one, and another as to
the other, was held not enough.
Adherence to the enemy means intent to betray. There is
adherence to the enemy when a citizen intellectually or
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Laurel v. Misa
G.R. NO. L-409, 30 January 1947
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imprisonment for not more than 30 years. There are many ways of There are only two ways of
committing espionage, committing treason
3) Disloyal acts or words in time of peace taking Art. 117 of the RPC
o by advising, counselling, urging or in any and CA No. 616 together
other manner by causing insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval or air forces of
the Phil
o by distributing any written or printed matter
which advises, counsels, or urges such
Article 118. Inciting to war or giving motives for
insubordination, disloyalty, mutiny, or refusal
reprisals.
or duty.
Elements:
4) Disloyal acts or words in time of war
o by willfully making or conveying false reports
1. Offender performs unlawful or unauthorized acts; and
or false statements with intent to interfere
2. Such acts provoke or give occasion for a war involving
with the operation or success of the Armed
or liable to involve the Philippines or expose Filipino
Forces of the Phil
citizens to reprisals on their persons or property.
o to promote the success of its enemies, by
willfully causing or attempting to cause Illustration: The public destruction of the flag or seal of a
insubordination, disloyalty, mutiny or refusal foreign state or the public manifestations of hostility to the
of duty in the Armed Forces head or ambassador of another state.
o by willfully obstructing the recruiting or
enlistment service.
Article 119. Violation of neutrality
5) Conspiracy to violate preceding sections
o 2 or more persons conspire to violate the Elements:
provisions of Sections 2, 3 or 4
o one or more of such persons do any act to 1. There is a war in which the Philippines is no involved;
effect the object of the conspiracy 2. There is a regulation issued by competent authority for
the purpose of enforcing neutrality; and
6) Harboring or concealing violators of the law 3. The offender violates such regulation.
o the offender knows that a person has
committed or is about to commit an offence
o the offender harbors or conceals such person Article 120. Correspondence with hostile country
Elements:
Other acts punished:
o using or permitting or procuring the use of 1. In time of war in which the Philippines is involved;
an aircraft for the purpose of making 2. The offender makes correspondence with an enemy
photograph, sketch, etc of vital installations country or territory occupied by enemy troops;
or equipment of the Armed Forces; 3. The correspondence is either
o reproducing, publishing, selling etc a. Prohibited by the Government, or
uncensored copies of photograph, sketch etc b. Carried on in ciphers or conventional
of the vital military, naval or air post, camp signs, or
or station, without permission of the c. Containing notice or information which
commanding officer; might be useful to the enemy.
o injuring or destroying or attempting to injure
or destroy war materials, premises or war Correspondence means communications by means of
utilities when the Philippines is at war; letters.
o making or causing was materials to be made
in a defective manner when the Philippines is Even if the correspondence contains innocent matters, if
at war; the correspondence has been prohibited by the Government,
o injuring or destroying national defense it is punishable.
material, premises or utilities; and Prohibition by the Government is not essential in
o making or causing to be made in a defective paragraphs 2 & 3 of Article 120.
manner, or attempting to make or cause to
Circumstances qualifying the offense:
be made in a defective manner, national
1. Notice or information might be useful to the
defense material.
enemy; AND
2. Offender intended to aid to enemy
Espionage Treason These acts amount to treason. Hence, the penalty is the
Both not conditioned by the citizenship of the offender same as that for treason.
May be committed in time of May be committed only in
peace or war time of war
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Elements:
1. There is a war in which the Philippines is involved; Piracy under the RPC and Piracy under P.D. No. 532
2. Offender must be owing allegiance to the Piracy under RPC Piracy under P.D. No. 532
government;
3. Offender attempts to flee or go to enemy country; As to the manner of commission
and May be committed by May be committed by
4. Going to the enemy country is prohibited by attacking or seizing a vessel attacking or seizing a vessel
competent authority. or seizing the whole or part or by taking away the whole
of the cargo of said vessel, or part of its cargo,
Mere attempt to flee or go to enemy country the equipment or personal equipment or personal
consummates the crime. belongings of its belongings of the vessels
complement or passengers complement or passengers
by means of violence against
or intimidation of persons or
Article 122. Piracy in general and Mutiny on the High force upon things.
Seas or in Philippine Waters As to the persons committing the crime
May be committed only by a May be committed by any
Acts punished as piracy stranger to the vessel (i.e. person including a passenger
one who is neither a or complement of the vessel
1. Attacking or seizing a vessel on the high seas or in passenger nor a member of
Philippine waters; and the complement of the
2. Seizing in the vessel while on the high seas or in vessel)
Philippine waters the whole or part of its cargo, its As to the place of the commission of the crime
equipment or personal belongings of its complement or Philippine waters or on the Only in Philippine waters
passengers. high seas
As to when piracy becomes qualified
Elements of piracy It becomes qualified when it It becomes qualified, among
is accompanied, among others, when physical
1. The vessel is on the high seas or Philippine others, by murder, homicide, injuries or other crimes are
waters; physical injuries or rape committed as a result of or
2. Offenders are neither members of its complement on occasion thereof or when
nor passengers of the vessel; murder, homicide or rape is
3. Offenders either - committed by reason or on
a. attack or seize a vessel on the high seas or in occasion thereof.
Philippine waters; or
b. seize in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its
complement or passengers; Piracy Mutiny
4. There is intent to gain. Persons who attack a vessel Offenders are members of
or seize its cargo are the crew of passengers
Piracy is robbery or forcible depredation on the high strangers to said vessels
seas, without lawful authority and done with animo furandi Intent to gain essential Intent to gain not essential,
and in the spirit and intention of universal hostility. offenders may only intend to
ignore the ships officers
Note: Article 2, RPC- Except as provided in the treaties and
laws of preferential application, the provisions of this Code
shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime
zone, but also outside of its jurisdiction against those who: People vs. Lol-lo and Saraw
G.R. No. 17958, 27 February 1922
xxx xxx xxx
FACTS: Boat carrying men, women and children on its way
1. Should commit an offense while on between two islands in the Dutch East Indies were waylaid
a Philippine ship or airship; by six vintas manned by 24 armed Moros. At first, they
asked for good but one on the Dutch boat, they took all of
xxx xxx xxx the cargo, attacked some of the men and brutally violated
two of the women. All the people were placed back into the
5. Should commit any of the crimes boat except the two men, and holes were made with the
against national security and the law of nations, idea of submerging the boat. They took the women and
defined in Title One of Book Two of this Code. repeatedly violated them. Two of the raiders were Lol-lo and
Saraw, the former participating in the rape. The women
eventually escaped while Saraw and Lol-lo returned to
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TawiTawi where they were apprehended and tried. They c. whenever the crime is accompanied by murder,
were found guilty and sentenced to life imprisonment. homicide, physical injuries or rape.
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commit the same and the witnesses he may produce to establish that:
a. Profiting himself or assisting the offender to profit by Sec 4. War Crimes- For the purpose of this Act,
the effects of the crime; "war crimes" or "crimes against International Human
b. Concealing or destroying the body of the crime or the Humanitarian Law" means:
effects or instruments thereof in order to prevent its
discovery; or (a) In case of an international armed conflict ,
c. Harboring, concealing or assisting in the escape of the grave breaches of the Geneva Conventions of 12 August
principal or conspirator. 1949, namely, any of the following acts against persons or
property protected under provisions of the relevant Geneva
Exception (Not Liable): Those who are such with respect Convention:
to their: (i) spouses, (ii) ascendants, (iii) descendants, (iv)
legitimate, natural, and adopted brothers and sisters, or (v) (1) Willful killing;
relatives by affinity within the same degrees.
(2) Torture or inhuman treatment, including
Exception to the exception (Liable): Accessories falling biological experiments;
within the provisions of subparagraph (a).
(3) Willfully causing great suffering, or
Surveillance of Suspects and Interception and serious injury to body or health;
Recording of Communication
(4) Extensive destruction and appropriation
General Rule: Notwithstanding R.A. No. 4020 (The Anti-Wire of property not justified by military necessity and
Tapping Law), a police or law enforcement official and carried out unlawfully and wantonly;
members of his team may, upon written order of the Court
of Appeals, listen to, intercept and record any (5) Willfully depriving a prisoner of war or
communication between members of a judicially declared other protected person of the rights of fair and
and outlawed terrorist organization or group of persons or of regular trial;
any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism. (6) Arbitrary deportation or forcible transfer
of population or unlawful confinement;
Exception: Communications between:
(7) Taking of hostages;
1. Lawyers and clients;
2. Doctors and patients; (8) Compelling a prisoner a prisoner of war
3. Journalists and their sources; and or other protected person to serve in the forces
4. Confidential business correspondence. of a hostile power; and
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combat by sickness, wounds, detention or any other cause; knowledge that he/she is hors de combat,
including a combatant who, having laid down
(1) Violence to life and person, in particular, his/her arms or no longer having means of
willful killings, mutilation, cruel treatment and defense, has surrendered at discretion;
torture;
(9) Making improper use of a flag of truce, of
(2) Committing outrages upon personal the flag or the military insignia and uniform of the
dignity, in particular, humiliating and degrading enemy or of the United Nations, as well as of the
treatment; distinctive emblems of the Geneva Conventions or
other protective signs under International
(3) Taking of hostages; and Humanitarian Law, resulting in death, serious
personal injury or capture;
(4) The passing of sentences and the
carrying out of executions without previous (10) Intentionally directing attacks against
judgment pronounced by a regularly constituted buildings dedicated to religion, education, art,
court, affording all judicial guarantees which are science or charitable purposes, historic
generally recognized as indispensable. monuments, hospitals and places where the sick
and wounded are collected, provided they are not
(c) Other serious violations of the laws and customs military objectives. In case of doubt whether such
applicable in armed conflict, within the established building or place has been used to make an
framework of international law, namely: effective contribution to military action, it shall be
presumed not to be so used;
(1) Internationally directing attacks against
the civilian population as such or against individual (11) Subjecting persons who are in the power
civilians not taking direct part in hostilities; of an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or to
(2) Intentionally directing attacks against removal of tissue or organs for transplantation,
civilian objects, that is, object which are not which are neither justified by the medical, dental
military objectives; or hospital treatment of the person concerned nor
carried out in his/her interest, and which cause
(3) Intentionally directing attacks against death to or seriously endanger the health of such
buildings, material, medical units and transport, person or persons;
and personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in (12) Killing, wounding or capturing an
conformity with intentional law; adversary by resort to perfidy;
(4) Intentionally directing attacks against (13) Declaring that no quarter will be given;
personnel, installations, material, units or vehicles
involved in a humanitarian assistance or (14) Destroying or seizing the enemy's
peacekeeping mission in accordance with the property unless such destruction or seizure is
Charter of the United Nations, as ling as they are imperatively demanded by the necessities of war;
entitled to the protection given to civilians or
civilian objects under the international law of (15) Pillaging a town or place, even when
armed conflict; taken by assault;
(5) Launching an attack in the knowledge (16) Ordering the displacements of the
that such attack will cause incidental loss of life or civilian population for reasons related to the
injury to civilians or damage to civilian objects or conflict, unless the security of the civilians involved
widespread, long-term and severe damage to the or imperative military reasons so demand;
natural environment which would be excessive in
relation to the concrete and direct military (17) Transferring, directly or indirectly, by the
advantage anticipated; occupying power of parts of its own civilian
population into the territory it occupies, or the
(6) Launching an attack against works or deportation or transfer of all or parts of the
installations containing dangerous forces in the population of the occupied territory within or
knowledge that such attack will cause excessive outside this territory;
loss of life, injury to civilians or damage to civilian
objects, and causing death or serious injury to (18) Committing outrages upon personal
body or health. dignity, in particular, humiliating and degrading
treatments;
(7) Attacking or bombarding, by whatever
means, towns, villages, dwellings or buildings (19) Committing rape, sexual slavery,
which are undefended and which are not military enforced prostitution, forced pregnancy, enforced
objectives, or making non-defended localities or sterilization, or any other form of sexual violence
demilitarized zones the object of attack; also constituting a grave breach of the Geneva
Conventions or a serious violation of common
(8) Killing or wounding a person in the Article 3 to the Geneva Conventions;
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(i) Conscripting, enlisting or Any person found guilty of committing any of the acts
recruiting children under the age of specified in paragraphs (a) and (b) of this section shall suffer
fifteen (15) years into the national the penalty provided under Section 7 of this Act.
armed forces;
3. Other crimes against Humanity
(ii) Conscripting, enlisting or
recruiting children under the age of For the purpose of this act, "other crimes against
eighteen (18) years into an armed force humanity" means any of the following acts when committed
or group other than the national armed as part of a widespread or systematic attack directed against
forces; and any civilian population, with knowledge of the attack:
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persons;
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