B2013 Crim2 Reviewer | Case doctrines
Title 1: CRIMES AGAINST NATIONAL SECURITY
Title Year Facts / Tags Held/Ratio Sir's Notes
Laurel v. Misa 1947Filipino citizen who gave aid and comfort to theJapanese contends that since sovereignty issuspended, his allegiance as well is suspendedNo. Citizen owes his governmentpermanent and absolute allegiance.Treason is a war crime. It is punished by state as ameasure of self-defense and self-preservation.Law of treason is an emergency measure
dormantuntil emergency arisesWhat is suspended is the exercise of rights notsovereigntyPeople v. Perez 1949Perez with other Filipinos apprehended womento satisfy desires of Colonel Mini.No. Commandeering of women, againsttheir will, to satisfy the sexual desires of the enemy is not treason because it
doesn’t directly or materially improve war
efforts of the enemy.General Rule:-
Extent of aid/comfort given to the enemies mustbe to render assistance to them as enemies andnot merely as individualsPeople v. Prieto 1948Accused caused torture of several Filipinos.-
Seen dragging the American aviator-
Seen walking with the AmericansNo. Two witness rule was not satisfied.
No. There’s no complex crime of treason
and murder/PIMurder and physical injuries are inherent in the crimeof treason characterized by the giving of aid andcomfort to the enemy.People v. Manayao 1947Accused was member of Makapili.Invoked CA 63
loss of citizenship:1.
Oath of allegiance2.
Becoming an officer3.
Declared as deserter of armed forcesNo. legislature did not intend that canrenounce duties simply by taking oath of allegiance during war time.-
No evidence presentedAre citizens barred from renouncing citizenshipduring war time?
YESCA 63: oath of allegiance: sworn to help in war isdifferent from swearing to support consti and laws.People v. Adriano 1947Accused was a Makapili.Witnesses presented only testified to him joining the Makapili army. Other acts were notestablished by 2 witnesses.No. 2-witness rule is severely restrictive.-
Corroboration in directtestimony to the same overt actBeing a member is an overt act2-witness rule: favorable to the accused
People v. Lol-lo andSaraw1922
Dutch and Moros
Boat of Dutch possession was surrounded by 6vintas with moros. Took all the cargo, rapedwomen and attacked some men.Piracy is a crime against mankind. (hosteshumani generis)Only political law is changed. Municipallaws remain in forceIs the 2-witness rule still applicable today?
Created at a time when the only way to recall eventsis through human memory and human memory isunreliable.
different events: purpose of the rule is defeated
now, not the only way to prove treason
People v. Rodriguez 1985
Tawi-tawi, MV Noria, pump boat
Accused stole equipments and personalproperties of the crew members andpassengers.Crime was positively testified by 3witnesses.PD 532: Mandatory death penalty forpersons who committed piracy with rape,murder or homicide
External Intent to gain
Crew/Passenger Intent to gainPeople v. Siyoh 1985
Accused was apprehended because he was seenthe pants which he took from the victimYes.PD 532: special complex crime regardlessof number of victimsQualified: if successfully boarded/seized
Piracy: enough that vessel was fired upon even if theoffenders has not yet boarded