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Criminal Law UPRevised Ortega Lecture Notes II

Criminal Law UPRevised Ortega Lecture Notes II

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Published by: twocubes on Mar 06, 2010
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02/10/2015

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TITLE I. CRIMES AGAINST NATIONALSECURITY AND THE LAW OF NATIONS
Crimes against national security1.Treason (Art. 114);2.Conspiracy and proposal to committreason (Art. 115);3.Misprision of treason (Art. 116); and4.Espionage (Art. 117).Crimes against the law of nations1.Inciting to war or giving motives foreprisals (Art. 118);2.Violation of neutrality (Art. 119);3.Corresponding with hostile country(Art. 120);4.Flight to enemy's country (Art. 121);and5.Piracy in general and mutiny on thehigh seas (Art. 122).
The crimes under this title can be prosecuted even if the criminal act or actswere committed outside the Philippineterritorial jurisdiction. However, prosecutioncan proceed only if the offender is withinPhilippine territory or brought to thePhilippines pursuant to an extradition treaty.This is one of the instances where theRevised Penal Code may be given extra-territorial application under Article 2 (5)thereof. In the case of crimes against thelaw of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded ascommitted against humanity in general. Almost all of these are crimes committed intimes of war, except the following, whichcan be committed in times of peace:(1)Espionage, under Article 114 – Thisis also covered by Commonwealth Act No. 616 which punishesconspiracy to commit espionage.This may be committed both in timesof war and in times of peace.(2)Inciting to War or Giving Motives foReprisals, under Article 118 – Thiscan be committed even if thePhilippines is not a participant.Exposing the Filipinos or thei properties because the offender  performed an unauthorized act, likethose who recruit Filipinos to participate in the gulf war. If theinvolve themselves to the war, thiscrime is committed. Relevant in thecases of Flor Contemplacion or  Abner Afuang, the police officer whostepped on a Singaporean flag.(3)Violation of Neutrality, under Article119 – The Philippines is not a party to a war but there is a war going on.This may be committed in the light of the Middle East war.
Article 114. Treason
Elements1.Offender is a Filipino or residentalien;2.There is a war in which thePhilippines is involved;3.Offender either a.levies war against thegovernment; or b.adheres to the enemies,giving them aid or comfort
 
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within the Philippines or elsewhereRequirements of levying war 1.Actual assembling of men;2.To execute a treasonable design byforce;3.Intent is to deliver the country in wholeor in part to the enemy; and4.Collaboration with foreign enemy or some foreign sovereignTwo ways of proving treason1.Testimony of at least two witnessesto the same overt act; or 2.Confession of accused in opencourt.
Article 115. Conspiracy and Proposal toCommit Treason
Elements of conspiracy to commit treason1.There is a war in which thePhilippines is involved;2.At least two persons come to anagreement to – a.levy war against thegovernment; or b.adhere to the enemies,giving them aid or comfort;3.They decide to commit it.Elements of proposal to commit treason1.There is a war in which thePhilippines is involved;2.At least one person decides to  a.levy war against thegovernment; or b.adhere to the enemies,giving them aid or comfort;3.He proposes its execution to someother persons.
Article 116. Misprision of Treason
Elements
1.
Offender owes allegiance to thegovernment, and not a foreigner;
2.
He has knowledge of conspiracy tocommit treason against the government;
3.
He conceals or does not disclose andmake known the same as soon aspossible to the governor or fiscal of theprovince in which he resides, or themayor or fiscal of the city in which heresides.
While in treason, even aliens can commit said crime because of the amendment tothe article, no such amendment was madein misprision of treason. Misprision of treason is a crime that may be committed only by citizens of the Philippines.The essence of the crime is that there are persons who conspire to commit treasonand the offender knew this and failed tomake the necessary report to thegovernment within the earliest possibletime. What is required is to report it as soonas possible. The criminal liability arises if the treasonous activity was still at theconspiratorial stage. Because if the treasonalready erupted into an overt act, theimplication is that the government is already aware of it. There is no need to report thesame. This is a felony by omission
 
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although committed with dolo, not withculpa.The persons mentioned in Article 116 arenot limited to mayor, fiscal or governor. Any  person in authority having equivalent  jurisdiction, like a provincial commander, will already negate criminal liability. Whether the conspirators are parents or children, and the ones who learn theconspiracy is a parent or child, they arerequired to report the same. The reason isthat although blood is thicker than water soto speak, when it comes to security of thestate, blood relationship is alwayssubservient to national security. Article 20 does not apply here because the personsfound liable for this crime are noconsidered accessories; they are treated as principals.In the 1994 bar examination, a problem wasgiven with respect to misprision of treason.The text of the provision simply refers to aconspiracy to overthrow the government.The examiner failed to note that this crimecan only be committed in times of war. Theconspiracy adverted to must be treasonousin character. In the problem given, it wasrebellion. A conspiracy to overthrow thegovernment is a crime of rebellion becausethere is no war. Under the Revised PenaCode, there is no crime of misprision of rebellion.
Article 117. Espionage
Acts punished1.By entering, without authoritytherefore, a warship, fort or naval or military establishment or reservationto obtain any information, plans,photograph or other data of aconfidential nature relative to thedefense of the Philippines;Elements1.Offender enters any of theplaces mentioned;2.He has no authoritytherefore;3.His purpose is to obtaininformation, plans,photographs or other data of a confidential nature relativeto the defense of thePhilippines.2.By disclosing to the representative oa foreign nation the contents of thearticles, data or information referredto in paragraph 1 of Article 117,which he had in his possession byreason of the public office he holds.Elements1.Offender is a public officer;2.He has in his possession thearticles, data or informationreferred to in paragraph 1 of Article 117, by reason of thepublic office he holds;3.He discloses their contents toa representative of a foreignnation.
Commonwealth Act No. 616 – An Act toPunish Espionage and Other Offensesagainst National Security
Acts punished1.Unlawfully obtaining or permitting tobe obtained information affectingnational defense;2.Unlawful disclosing of informationaffecting national defense;3.Disloyal acts or words in times opeace;

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