CRIMES AGAINST NATIONAL SECURITY (TREASON AND ESPIONAGE) Art. 114 Treason – breach of allegiance to a govt committed by person who owes allegiance to it. Elements: • • • Filipino citizen / resident alien There is war, Philippines is involved Offender either: (modes of committing) a) Levies war against govt b) Adheres to the enemies, giving them aid or comfort *allegiance – fidelity and obedience w/c the individual owes allegiance to the govt under w/c they live, or to the sovereign , in return for the protection they receive . *types of allegiance: • • Permanent Temporary (ex: resident alien)

a) informant b) agent or spy c) acting as a finger woman

d) taking active part in mass killing *ways of proving treason • • testimony of 2 witnesses, at least to the same overt act confession of the accused in open court

Art. 115 conspiracy and proposal to commit treason Elements: • • in times of war (phil is involved) modes: a) two or more persons came to an agreement b) a person has proposed to the execution to some other person or persons (purpose) c) to levy war against the govt or to adhere to the enemies giving them aid or comfort

*levies war (must be directed against the government) • • There is actual assembly of men Purpose is to execute a treasonable design by force


conspiracy – prision mayor and 10,000 proposal 5,000 – prision correctional and

*adherence to the enemy – means intent to betray when a citizen intellectually or emotionally favors the enemy and harbors sympathy or convictions disloyal to his countries interest. *aid and comfort – act w/c strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act w/c weakens or tends to weaken the power of the traitor’s country to resist or attack the enemy. Elements: • • Adherence and aid/comfort must be present specific acts of aid/comfort

Art. 116 misprision of treason Elements: • offender owes allegiance to the gov’t (phil / us) (not resident alien, not being a foreigner) has knowledge of any conspiracy (to commit treason) conceals or does not disclose and make known as soon as possible to the governor or fiscal of the province, or the mayor or the fiscal of the city he resides

• •

By entering w/o authority a warship. *Art. data or information referred in paragraph 1 w/c he had in his possession by reason of the public office he holds . or losing information respecting the national defense w/ intent or reason to believe that the information is to be used to the injury of the republic of the phil or to the advantage of any foreign nation Penalty – prision correctional *modes of committing (2 ways) 1. Disloyal acts or words in time of war sec 5. transmitting. fort or naval. plans. photographs or other data of confidential nature relative to the defense of Philippines Elements: • • • offender enters any place mentioned has no authority purpose is to obtain information (plans. therefore it is two degrees lower than the principal of treason. 118 inciting to war or giving motives for reprisals *penalty – reclusion temporal (public officer or employee ) prision mayor (any private individual) Elements: • • Offender perform unauthorized acts unlawful or 2. data or information by reason of his public office he discloses their contents to representative of a foreign nation a Such acts provokes or give occasion for a war involving or liable to involve the phil or expose Filipino citizens to reprisals on their person or property • *intention is immaterial. 119 violation of neutralism *penalty – prision correccional *other acts of espionage (commonwealth act no. Elements: • • offender is a public officer he has in his possession the articles. can be caused by imprudence *committed in time of peace Art. Conspiracy to violate preceding sections sec 6. or military establishment or reservation to obtain any information. Unlawfully obtaining or permitting to be obtained information affecting national defense . however he is still principal of misprision of treason. 117 Espionage – is the offense of gathering. Art. Harboring or concealing violators of the law *espionage vs treason ESPIONAGE WHEN: WAR AND PEACE HOW: MANY WAYS (DISCUSSED ) TREASON WAR 1.*misprision of treason is punished as an accessory. Disloyal acts or words in time of peace sec 4. GIVING AID AND COMFORT B. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR Art. photographs or other data) of confidential nature relative to the defense of Philippines • • • • • sec 2. LEVYING WAR AGAINST THE GOVT ADHERENCE. 2. Unlawfully disclosing of information affecting national defense sec 3. 616 ) • sec 1. By disclosing to the representative of a foreign nation the contents of the articles. 20 does not apply because art 20 is applied only to accessory.

but phil is not involved There is a competent neutrality regulation authority issued by enforcing • Going to enemy’s country is prohibited by competent authority *resident alien may be guilty of art 121 *art 121 cannot be committed when fleeing to enemy is not prohibited by competent authority C. 120 correspondence w/ hostile country *correspondence – is communication by means of letter or it may refer to letters w/c pass between those who have friendly or business relation Elements: • • There is a war phil is involved Offender makes correspondence w/ an enemy country or territory occupied by enemy troops Correspondence is either (nature of correspondence): a)prohibited correccional) by govt (prision • b) carried on in ciphers or conventional signs (prision mayor) C) containing notice or information w/c might be useful to the enemy (reclusion temporal) *even if correspondence contains innocent matters. 122 piracy in general and mutiny on the high seas or in the Philippine waters (reclusion perpetua) *modes of committing ( 2 ways ) 1. By attacking or seizing a vessel on high seas or Philippine waters 2. punishable *prohibition is essential in paragraphs 2 and 3 *temporal to death if intended to aid the enemy Art. 121 flight to enemy’s country Elements: • There is war w/c the phil is involved Offender must be owing allegiance (temporary or permanent) to the govt Offender attempts to flee or go to enemy country *Piracy – robbery or forcible depredation on the high seas. if prohibited by govt. Siezing in the vessel while on the high seas or in Philippine waters. 123 qualified piracy . w/o lawful authority and done with animo furandi and in the spirit and intention of universal hostility *Mutiny – unlawful resistance to a superior officer. the whole or part of its cargo.*neutrality – a nation or power w/c takes no part in a contest of arms going on between others Elements: • • There is war. or the raising of commotions and disturbances on board a ship against the authority of its commander PIRACY WHO: STRANGER WHAT: GAIN INTENT TO • • MUTINY MEMBERS OF CREW OR PASSENGERS TO IGNORE THE SHIP’S OFFICERS OR THEY MAY BE PROMPTED TO COMMIT PLUNDER Art. its equipment or personal belongings of its complement or passengers Elements: • • • Vessel is in the high seas or Philippine waters Offenders are not member complements or passengers Offender does 1 or 2 of its • Offender violates such regulation Art. PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS Art.

or rape (people vs lol-lo and saraw) *any person aids or protects pirates or abets the commission of piracy shall be considered as an accomplice . homicide.*penalty – reclusion perpetua to death on the following circumstances • • • Seized a vessel by boarding or firing upon the same Pirates abandoned the victims w/o means of saving themselves Crime is accompanied by murder. physical injuries.

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