a crime of rebellion because there is no war. Under theRevised Penal Code, there is no crime of misprision of rebellion.
Article 117. Espionage
Acts punished1. By entering, without authority therefore, a warship,fort or naval or military establishment or reservationto obtain any information, plans, photograph or otherdata of a confidential nature relative to the defenseof the Philippines;Elements
a. Offender enters any of the places mentioned;b. He has no authority therefore;c. His purpose is to obtain information, plans,photographs or other data of a confidentialnature relative to the defense of the Philippines.2. By disclosing to the representative of a foreign nationthe contents of the articles, data or informationreferred to in paragraph 1 of Article 117, which hehad in his possession by reason of the public officehe holds.Elementsa. Offender is a public officer;b. He has in his possession the articles, data orinformation referred to in paragraph 1 of Article117, by reason of the public office he holds;c. He discloses their contents to a representative of a foreign nation.
Commonwealth Act No. 616
An Act to PunishEspionage and Other Offenses against NationalSecurity
Acts punished1. Unlawfully obtaining or permitting to be obtainedinformation affecting national defense;2. Unlawful disclosing of information affecting nationaldefense;3. Disloyal acts or words in times of peace;4. Disloyal acts or words in times of war;5. Conspiracy to violate preceding sections; and6. Harboring or concealing violators of law.
Article 118. Inciting to War or Giving Motives forReprisals
Offender performs unlawful or unauthorized acts;2.
The acts provoke or give occasion for
a. a war involving or liable to involve thePhilippines; orb. exposure of Filipino citizens to reprisals on theirpersons or property.
Article 119. Violation of Neutrality
There is a war in which the Philippines is notinvolved;2.
There is a regulation issued by a competent authorityto enforce neutrality;3.
Offender violates the regulation.When we say national security, it should be interpretedas including rebellion, sedition and subversion. TheRevised Penal Code does not treat rebellion, sedition andsubversion as crimes against national security, but moreof crimes against public order because during the timethat the Penal Code was enacted, rebellion was carriedout only with bolos and spears; hence, national securitywas not really threatened. Now, the threat of rebellion orinternal wars is serious as a national threat.
Article 120. Correspondence with Hostile Country
Elements1. It is in time of war in which the Philippines isinvolved;2. Offender makes correspondence with an enemycountry or territory occupied by enemy troops;3. The correspondence is either
a. prohibited by the government;b. carried on in ciphers or conventional signs; orc. containing notice or information which might beuseful to the enemy.
Article 121. Flight to Enemy's Country
Elements1. There is a war in which the Philippines is involved;2. Offender must be owing allegiance to the government;3. Offender attempts to flee or go to enemy country;4. Going to the enemy country is prohibited bycompetent authority.In crimes against the law of nations, the offenders can beprosecuted anywhere in the world because these crimesare considered as against humanity in general, like piracyand mutiny. Crimes against national security can be triedonly in the Philippines, as there is a need to bring theoffender here before he can be made to suffer theconsequences of the law. The acts against nationalsecurity may be committed abroad and still be punishableunder our law, but it can not be tried under foreign law.
Article 122. Piracy in general and Mutiny on theHigh Seas or in Philippine Waters
Acts punished as piracy1. Attacking or seizing a vessel on the high seas or inPhilippine waters;2. Seizing in the vessel while on the high seas or inPhilippine waters the whole or part of its cargo, itsequipment or personal belongings of its complement orpassengers.Elements of piracy1.
The vessel is on the high seas or Philippine waters;2.
Offenders are neither members of its complement norpassengers of the vessel;3.
a. attack or seize a vessel on the high seas or inPhilippine waters; orb. seize in the vessel while on the high seas or inPhilippine waters the whole or part of its cargo, itsequipment or personal belongings of itscomplement or passengers;4. There is intent to gain.Originally, the crimes of piracy and mutinycan only be committed in the high seas,that is, outside Philippine territorialwaters. But in August 1974,
Presidential Decree No. 532
(The Anti-Piracy and Anti-Highway Robbery Law of 1974) wasissued, punishing piracy, but not mutiny,in Philippine territorial waters. Thus cameabout two kinds of piracy: (1) that whichis punished under the Revised Penal Codeif committed in the high seas; and (2)that which is punished under PresidentialDecree No. 532 if committed in Philippineterritorial waters.Amending Article 122, Republic Act No.7659 included therein piracy in Philippinewaters, thus, pro tanto supersedingPresidential Decree No. 532. Asamended, the article now punishes piracy,as well as mutiny, whether committed inthe high seas or in Philippine territorialwaters, and the penalty has beenincreased to reclusion perpetua fromreclusion temporal.But while under Presidential Decree No.532, piracy in Philippine waters could becommitted by any person, including apassenger or member of the complementof a vessel, under the amended article,piracy can only be committed by a personwho is not a passenger nor member of the