CRIMINAL LAW II
** The two-witness rule does not apply toconspiracy or proposal to commit treason.
116. MISPRISION OF TREASON (keepingit to himself, silence)
Elements:1.Offender – owing allegiance to thegovernment and NOT a foreigner2.Offender – has knowledge of anyconspiracy to commit treason againstthe government3.Offender – conceals or does notdisclose and make known the same assoon as possible to the (a) governor orfiscal of the province or (b) to themayor or fiscal of the city WHICH HERESIDES.** Cannot be committed by a resident alien** Does not apply when treason is alreadycommitted by someone and the accuseddoes not report its commission to the properauthority – knowledge of CONSPIRACY** His penalty is like the penalty for anaccessory, still he is in the state of being theprincipal.
117. ESPIONAGE (spy)
Two ways of committing:A. “Entering”Elements:1.Offender – enters a Warship, Fort,Naval or Military establishment orreservation2.He has no authority to do so3.Purpose – to obtain Information,Plans, Photographs or other data of a confidential nature relative to thedefense of the PhilippinesB. “Disclosing”1.Offender – public officer
He has in his possession the saidarticles, data or information byreason of the public office he holds3.He discloses their contents to arepresentative of a foreign nation.
118. INCITING TO WAR OR GIVINGMOTIVES FOR REPRISAL
Elements:1.Offender – performs unlawful orunauthorized acts2.Such acts provoke or give occasionfor a war involving or liable toinvolve the Philippines or exposeFilipino citizens to reprisal on theirpersons or property** The intention of the offender is immaterial– the law considers the effects produced bythe act of the accused. Such acts mightdisturb the friendly relation that we havewith a foreign country, and that arepenalized even if they constitute a mereimprudence.** Committed in time of peace
119. VIOLATION OF NEUTRALITY
Elements:1.There is war in which thePhilippines is NOT INVOLVED2.There us a regulation issued bycompetent authority for thepurpose of enforcing neutrality3.Offender – violates such regulation** A nation or power which takes no part in acontest of arms going on between others isreferred to as neutral.
120. CORRESPONDENCE WITH HOSTILECOUNTRY
Elements:In time of war in which the Philippines isinvolved1.Offender – makes correspondencewith an enemy country or territoryoccupied by enemy troops2.The correspondence is either –a.Prohibited by thegovernmentb.Carried on ciphers orconventional signs, orc.Containing notice orinformation which might beuseful to the enemyCorrespondence – communication by meansof letters
121. FLIGHT TO ENEMY’S COUNTRY
Elements:1.There is a war in which thePhilippines is involved2.Offender – owes allegiance to thePhilippine government3.Offender – attempts to flee or go toenemy’s country4.Going to the enemy’s country isprohibited by competent authority(government)** Mere attempt to enemy’s countryconsummates the crime.
© Hanna Magkasi 2007 page 2