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Criminal Law

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CHAPTER ONE
CRIMES AGAINST NATIONAL SECURITY
Art. 121: Flight to Enemy Country
Section 1: Treason and Espionage Elements:
Art. 114: Treason 1. War – Philippine is involved
Elements 2. Attempts to flee or go to enemy country
1. Filipino/ Alien residing in the Philippines 3. Prohibited by competent authority
2. Time of War – Philippines is involved
3. Levying war against the government OR Section3: Piracy and Mutiny on the High Seas or in
Adheres to the enemies by giving aid or Philippine Waters
comfort Art. 122: Piracy in general and Mutiny in High Seas
Elements of Piracy:
Art. 115: Conspiracy and Proposal to Commit Treason 1. Vessel is in Philippine Waters or high seas
Art. 116: Misprision of Treason 2. Offenders are NOT members of complement
Art. 117: Espionage or passengers
Ways to Commit: 3. Seize or attack the vessel, OR
A. Without authority, enters a warship, fort, etc. to Seize the whole or part of cargo, equipment or
obtain any information plans, photographs, or personal belongings
other data of a confidential nature relative to the Elements of Mutiny
defense of the Philippines 1. Vessel is in Philippine waters or high seas
Elements: 2. Offenders are members of complement or
1. Any person passengers
2. Crime is when he enters the place with 3. Raises commotion or disturbance on board in
intent to obtain confidential information violation of lawful command of captain
3. Enters without authority raises the
presumption and consummates the PD 532: Anti-Piracy and Anti-Highway Robbery Law
crime
B. Being in possession by reason of public office he Art. 123: Qualifies Piracy
holds, of the articles, data, or information referred What Qualifies Piracy?
to in the preceding paragraph, discloses their 1. Seized the vessel by boarding or firing
contents to a representative of a foreign nation 2. Abandoned their victims without means of
Elements saving
1. Public Officer is in possession by reason 3. Accompanied by murder, homicide, Physical
of office Injuries, or Rape
2. Crime is when he discloses or reveals to
representative of foreign nation
RA 6235: Acts Inimical to Civil Aviation (Anti-Hijacking
Section 2: Provoking war and Disloyalty in case of war Law)
Art. 118: Inciting To War or Giving Motives for Reprisals Acts Punishable:
Elements: 1. Compelling the pilot of an aircraft of Philippine
1. Any person registry to change course or destination OR to
2. In times of peace seize or usurp control while in flight
3. Act which is unlawful or unauthorized which 2. Compelling an aircraft of foreign registry to
provokes or gives occasion for a war or land in Philippine territory or to seize OR to
exposes Filipino citizens to reprisals in their usurp control while in the territory
persons or property 3. By shipping, loading or carrying in a cargo
aircraft operating as a public utility within the
Art. 119: Violation of Neutrality Philippines any explosive, flammable,
Elements: corrosive, or poisonous substance or material
1. War – Philippines is not involved 4. By shipping, loading, or carrying in a cargo
2. Competent authority issues regulation aircraft operating as a public utility within the
enforcing neutrality Philippines, any material or substance which is
3. Person violated such regulation explosive, flammable, corrosive, or poisonous
not in accordance with the regulations issued
Art. 120: Correspondence with Hostile Countries by the Air Transportation Office
Elements:
1. War - Philippines is involved What Qualifies Penalty for #1 and #2?
2. Makes correspondence to enemy or territory 1. Fired upon the pilot, member of the crew or
3. Correspondence is either: passenger
a. Prohibited by Government 2. Exploded or attempted to explode any
b. Carried on in ciphers or bomb or explosive to destroy the aircraft
conventional signs 3. Accompanied by murder, homicide,
c. Notice or information useful serious physical injuries, or rape
or in aid of enemy
Unica Amor R. Mananquil
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Criminal Law
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

RA 9372: Human Security Act (Anti-Terrorism Law)


Crimes against RPC:
1. Piracy and Mutiny
2. Rebellion or Insurrection
3. Coup d’état
4. Murder
5. Kidnapping and Serious Illegal Detention
6. Crimes involving Destruction
Crimes against SPL
1. Law on Arson
2. Toxic Substances and Hazardous and Nuclear
Waste Control Act
3. Atomic Energy Regulatory and Liability Act
4. Anti-Hijacking law
5. Anti-Piracy and Anti-Highway Robbery Law
6. Illegal Possession, Manufacture and Dealing of
Firearms

Unica Amor R. Mananquil


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