Lecture No.1 Nov.

14, 2009 Saturday

Prepared by: jcbulanadi
If you are asked in the bar what are the qualifications of crime:
1.
2.

mala in se
mala prohibita

Adherence to the enemy is synonymous with what? Pg. 6

Adherence to the enemy means intent to betray. There is adherence to the
enemy when a citizen intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his countrys policy or interest.

Do not indicate crimes against national security, crimes against law of nations
because that is wrong. Only mala in se and mala prohibita.

What is the extent of giving aid or comfort so that this will constitute the
crime of treason? Pg. 6

Art. 114 Treason

Giving aid or comfort is an act which strengthens or tends to strengthen the

enemy in the conduct of war against the traitors country and an act which weakens
or tends to weaken the power of the traitors country to resist or to attack the
enemy.

Treason is known as what crime?

It is a war crime. There can be no traitors in times of peace. But usually, when
we speak of crime of treason, you will always connote that there is war.

Elements of Treason: pg. 2

1.

That the offender is a Filipino citizen or an alien residing in the Philippines.

When we speak of resident alien, the alien owes allegiance to the government
of the Philippines.

Allegiance is the obligation of fidelity and obedience which the individuals owe to
the government under which they live or to their sovereign, in return for the
protection they receive.

If the offender is a Filipino citizen, the penalty is reclusion perpetua to death.

If the offender is a resident alien, the penalty is reclusion temporal to death.

2.

That there is war in which the Philippines is involved.

The crime must be in collaboration with the foreign enemy to constitute

treason. It should not be between Filipino to Filipino, otherwise, it becomes
rebellion.
3.

That the offender either

a. levies war against the Government, or
b. adheres to the enemies, giving them aid or comfort.
Levying war requires the concurrence of two things: pg. 4
(1)
(2)

that there be an actual assembling of men

for the purpose of executing a treasonable design by force.

That is why, if there is actual assembling of men, because you would like to
participate in the war, that is not sufficient. The third element requires that
there must be actual assembling of men, for the purpose of executing a
treasonable by force.

Adherence or giving aid or comfort

Adherence alone without giving aid or comfort is not treason. Giving aid or
comfort without adherence is not treason. The two must always go together to
constitute treason.

Commandeering of women to satisfy the

lust of the enemy is not treason.

Circumstantial evidences are not applicable in the crime of treason. For

treason can be proved in two ways:
1.
2.

Testimony of two witnesses, at least, to the same overt act; or

Confession of the accused in open court.

The two-witness rule is only required in the second mode, particularly in the
element of giving aid or comfort, because adherence to the enemy need not be
proven by at least two witnesses.

The two-witness rule is severely restrictive. Pg. 13

Each of the two-witness must testify to the whole overt act; or if it is separable,
there must be two witnesses to each of the part of the overt act.
In being witnesses to the whole overt act, it is not necessary that their
testimony be identical.

For example, if one witness saw the offender giving food, and the other witness
saw the same offender acting as a spy, this is not applicable because the twowitness rule is severely restrictive to the same overt act.

Theory of Absorption as one example of complex crime (RPC Book 1, pg. 674)
There is no complex crime of rebellion with murder, arson, robbery, or other
common crimes. Because murder, arson and robbery are mere ingredients of the
crime of rebellion, as means necessary for the perpetration of the offense. (Enrile
vs. Salazar, 186 SCRA 217) Such common offenses are absorbed or inherent in the
crime of rebellion. (People vs. Hernandez, 99 Phil. 515)
What is the best defense in the committing the crime of treason? Pg. 18
Defense of duress or uncontrollable fear is the best defense for in the eyes of
the law, nothing will excuse that act of joining an enemy, but the fear of immediate
death.
Art. 115 Conspiracy and proposal to commit treason

Exception to conspiracy to commit treason

Conspiracy is not a felony. It is only a manner of incurring criminal liability. If
proven, the act of one is the act of all. Conspiracy is not a felony, except if the law
itself expressly provides and one of it is conspiracy to commit treason and proposal.

Espionage is the last crime on National Security. Espionage is committed in two

ways. Pg. 22
1.

How are the crimes of conspiracy & proposal to commit treason committed?
Pgs. 18 -19
Conspiracy to commit treason is committed when in time of war, two or more
persons come to an agreement to levy war against the Government or to adhere to
the enemies and to give them aid or comfort, and decide to commit it. (Arts 8 and
114)
Proposal to commit treason is committed when in time of war a person who
has decided to levy war against the Government or to adhere to the enemies and to
give them aid or comfort, proposes its execution to some other person or persons.
(Arts. 8 and 114)

2.

What is Misprision of Treason? Pg. 20

Elements:
1.

That the offender must be owing allegiance to the Government, and not a
foreigner.

2.

That he has knowledge of any conspiracy (to commit treason) against the
Government.

3.

That he conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the
city in which he resides.

What are the principles/examples in which misprision of treason is an

exception?
1. When one is prevented from doing an act because of a lawful cause (Art. 11)
Remember that priest who learned by virtue of confession? Di ba, he cannot be
criminally sued because that is justified when one is prevented from doing an
act by virtue of a lawful cause. Di ba, thats the principle of privilege
communication. Thats the best example of justifying circumstance wherein
one prevented from doing an act because of a lawful cause.

For the purpose of obtaining information, plans photographs or other data

of a confidential nature relative to the defense of the Philippines.

By disclosing to the representative of a foreign nation the contents of the

articles, data or information referred to in paragraph No. 1 of Art. 117, which
he had in his possession by reason of the public office he holds.
Under paragraph No. 1, the offender is any person, whether a citizen or a
foreigner, a private individual or a public officer. Under paragraph No. 2, the
offender must be a public officer. When the offender is a public officer or
employee, the penalty next higher in degree shall be imposed. Pg. 23
Under the law, if the first act is committed by a public officer, the penalty is
higher because it constitutes as qualifying aggravating circumstance to
constitute the penalty.

REMEMBER: Just add levying war or adherence to the enemies and giving aid or
comfort
ART. 116 Misprision of Treason

By entering, without authority therefore, a warship, fort, or naval or military

establishment or reservation to obtain any information, plans, photographs or
other data of confidential nature relative to the defense of the Philippines.

Commonwealth Act No. 616 also enumerates ways of committing espionage and
other offenses against national security.
The crimes against the law of nations are Inciting to war or giving motives for
reprisals (Art. 118) up to Qualified piracy (Art. 123).
When you burn the flag of a foreign country, there must be intention to commit a
crime to be criminally liable. The death of Flor Contemplacion caused outraged
among the Filipinos, that is why they burned the flag of Singapore. Can they be
sued? I doubt.
I am interested with piracy, which is in our law, is an international crime.
Art. 22 Piracy in general and mutiny on the high seas or in Philippine waters
There are 2 ways of committing piracy: Pg. 32
1.
2.

By attacking or seizing a vessel on the high seas or in Philippine waters.

By seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.

If you are a passenger or a member of the continental crew and you committed
the crime with intent to gain, you committed the crime of robbery. If you are
not a passenger nor a member of the continental crew, and you committed the
crime by seizing the vessel with intent to gain, you committed piracy.

2. Mere silence does not make a person criminally liable.

What is the next crime?

Elements of piracy: pg. 32

ART. 117 Espionage

1.
2.

That a vessel is on the high seas or in Philippine waters;

That the offenders are not members of its complement or passengers of the
vessel;

3.

That the offenders (a) attack or seize the vessel, or (b) seize the whole or part of
the cargo of the said vessel, its equipment or personal belongings of its
complement or passengers.

Meaning of high seas or Philippine waters

When we speak of high seas, we are referring to the three-mile jurisdictional
limit of the Philippines. Take the case of People vs Lol-lo. There can be piracy even
in Cancabato Bay.
That is why Art.22, as amended by R.A. No. 7659, expressly provides that it
can be committed in the high seas or Philippine waters. We have P.D. No. 532 which
punishes piracy if committed in Philippine waters. Forget about it, because now all
piracy is already punished under the Revised Penal Code. So that P.D. No. 532 is
already moot and academic. Because the RPC as amended by R.A. 7659, expressly
provides now that whether in the high seas or Philippine waters, the crime of piracy
is punishable under the Revised Penal Code. Clear?
When it is qualified because the penalty is higher
Art. 123. Qualified Piracy pg. 33
1.
2.
3.

Whenever they have seized a vessel by boarding or firing upon the same;
Whenever the pirates have abandoned their victims without means of saving
themselves; or
Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.

TAKE NOTE: There can be no complex crime of piracy with murder. Piracy with
murder, homicide, physical injuries, and rape. When piracy is committed with any
of these four crimes, there is no complex crime. The crime is called qualified piracy.
Next meeting: Arts. 124 to 134. You will be very happy because we will not only
discuss Criminal Law but also Political Law.