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CRIMINAL LAW 2 Elements:

Review Notes:
1. That the offender is a Filipino citizen or
Title I: Crimes against National Security and the an alien residing in the Philippines
Law of the Nations 2. That there is a war in which the
Philippines is involved
Crimes against national security: (crimes against 3. That the offender either:
human) a. Levies war against the government
b. Adheres to the enemies, giving them
1. Treason aid or comfort
2. Conspiracy and proposal to commit
treason Treason (pagtraidor) breach of allegiance to a
3. Misprision of treason government, committed by a person who owes
4. Espionage allegiance to it.

Crimes against the law of the nations: (crimes Nature of Treason generally the violation by a
against humans) subject of his allegiance to his sovereign or to the
supreme authority of the state
1. Inciting to war or giving motives for
reprisals The offender in treason is either a Filipino
2. Violation of neutrality citizen or a resident alien
3. Correspondence with hostile country How to prove that the offender is a
4. Flight to enemys country Filipino citizen:
5. Piracy in general and mutiny on the high 1. Prison record
seas or in Philippine waters 2. Testimony of two witnesses
Allegiance obligation of fidelity and obedience
which the individuals owe to the government
Crimes against national security and under which they live or their sovereign, in return
crimes against law of the nations, for the protection they receive
distinguished
Crimes against national security can be Allegiance is either permanent or
committed in the Philippines or outside, temporary
can be tried only in the Philippines. Treason cannot be committed in time of
Crimes against the law of the nations can peace
be persecuted anywhere in the world, can Two ways or modes of committing
be committed anywhere in the world. treason:
1. By levying war against the
government
2. By adhering to the enemies of the
Article 114. Treason Any Filipino citizen who
Philippines, giving them aid or
levies war against the Philippines or adheres
comfort
to her enemies, giving them aid or comfort
Levies war requires the concurrence of
within the Philippines or elsewhere shall be
two things:
punished by reclusion perpetua to death and
1. There be an actual assembling of men
shall pay a fine not to exceed 100,000 pesos.
2. For the purpose of executing s
No person shall be convicted of treason treasonable design by force
unless on the testimony of two witnesses at In treason by levying war, it is not
least to the same overt act or on confession of necessary that there be a formal
the accused in open court. declaration of the existence of a state of
war
Likewise, an alien, residing in the The war must be directed against the
Philippines, who commits acts of treason as government
defined in paragraph 1 of this Article shall be The levying of war must be in
punished by reclusion temporal to death and collaboration with a foreign enemy
shall pay a fine not to exceed 100,000 pesos.
Requirements of by adhering to the When the arrest of persons alleged to
enemies of the Philippines: have been guerillas was caused by the
1. Adherence accused due to their committing a
2. Giving aid or comfort to the enemy common crime, like arson, he is not liable
must concur together for treason.
Adherence to the enemy means intent to The aid or comfort given to the enemies
betray; intellectually or emotionally must be after the declaration of war. The
favors the enemy and harbors sympathies enemies must be the subject of a foreign
or convictions disloyal to his countrys power.
policy or interest No treason through negligence
Aid or comfort an act which strengthens There is no complex crime of treason with
or tends to strengthen the enemy in the murder, physical injuries, etc.
conduct of war against the traitors When killings and other common crimes
country and act which weakens or tends are charged as overt acts of treason, they
to weaken the power of the traitors cannot be regarded:
country to resist or to attack the enemy 1. As separate crimes
Adherence alone without giving the 2. As complexed with treason
enemy aid or comfort does not constitute Treason by Filipino citizen can be
treason committed outside of the Philippines
When there is no adherence to the enemy, Treason by an alien must be committed in
the act which may do aid or comfort to the the Philippines
enemy does not amount to treason Treason is a continuous offense
Giving information to, or commandeering Treason cannot be proved by
foodstuffs for, the enemy is evidence of circumstantial evidence or by the
both adherence and aid or comfort extrajudicial confession of the accused
Extent of aid and comfort: Ways of proving treason:
1. By some kind of action 1. Testimony of two witnesses, at least
2. Deed or physical activity to the same overt act
The act committed need not actually 2. Confession of the accused in open
strengthen the enemy court
Commandeering of women to satisfy the Two-witness rule required to prove the
lust of the enemy is not treason overt act of giving aid or comfort; not
Specific acts of aid or comfort constituting necessary to prove adherence; must be
treason: adhered to as to each and every one of all
1. Serving as informer the external manifestations of the overt
2. Agent or spy act in issue
3. Finger woman Overt act defined as that physical
4. Taking active part in mass killing activity, that deed that constitutes the
Being a Makapili constitutes an overt act rendering of aid and comfort
of psychological comfort The two-witness rule is severely
Acceptance of public office and discharge restrictive
of official duties under the enemy do not The defendant should be acquitted if only
constitute per se the felony of treason one of the two witnesses is believed by
Mere governmental work during the the court
Japanese regime is not an act of treason It is sufficient that the witnesses are
Membership in the police force during uniform in their testimony on the overt
occupation is not treason; but active act; it is not necessary that there be
participation with the enemies in the corroboration between them on the point
apprehension of guerrillas and infliction they testified
of ill-treatments make such member The two-witness rule is not affected by
liable for treason the discrepancies in minor details of the
Guerilla warfare may be unlawful, but it testimony.
should not be suppressed The reason for requiring the two
witnesses to testify to the same overt act
because the nature of the crime is Proposal to commit treason is
extreme for which death is one of the committed when in time of war a person
penalties provided by law. who has decided to levy war against the
Adherence may be proved: government or to adhere to the enemies
1. By one witness and to give them aid or comfort, proposes
2. From the nature of the act itself its execution to some other person or
3. From the circumstances surrounding persons.
the act The mere proposal to commit treason is
The reason why adherence to the enemy also a felony. The reason is that in treason
need not be proved by two witnesses the very existence of the state is
because what is designed in the mind of endangered.
an accused never is susceptible of proof The two-witness rule does not apply to
by direct testimony. conspiracy or proposal to commit treason
Confession must be made in open court because this is a separate and distinct
Aggravating circumstances in treason: offense from that treason.
1. Cruelty, ignominy
2. Rapes, wanton robbery for personal Article 116. Misprision of treason (having
gain and brutality knowledge and conceals). Every person owing
3. Superior strength and treachery allegiance to the government of the Philippine
Islands, without being a foreigner, and having
The gravity of seriousness of the acts of
knowledge of any conspiracy against them,
treason considered
who conceals or does not disclose and make
Defense of suspended allegiance and
known the same, as soon as possible, to the
change of sovereignty, not accepted
governor or fiscal of the province, or the
because of the following reasons:
mayor or fiscal of the city in which he resides,
1. A citizen owes an absolute and
as the case may be, shall be punished as an
permanent allegiance to his
accessory to the crime of treason.
government
2. The sovereignty of the government is Elements:
not transferred to the enemy by mere
occupation 1. That the offender must be owing
3. The subsistence of the sovereignty of allegiance to the government and not a
the legitimate government in a foreigner.
territory occupied by the military 2. That he has knowledge of any conspiracy
forces of the enemy during the war is (to commit treason) against the
one of the rules of International Law, government.
and 3. That he conceals or does not disclose and
4. What is suspended is the exercise of make known the same as soon as possible
the rights of sovereignty to the governor or fiscal of the province or
the mayor or fiscal of the city in which he
resides.
Misprision of treason cannot be
Article 115. Conspiracy and proposal to commit
committed by a resident alien
treason Penalty The conspiracy and proposal
to commit the crime of treason shall be punished The conspiracy is one to commit
respectively, by prision mayor and a fine not treason
exceeding 10,000 pesos and by prision Article 116 does not apply when the
correccional and a fine not exceeding 5,000 pesos. crime of treason is already committed
by someone and the accused does not
How are the crimes of conspiracy and report its commission to the proper
proposal to commit treason committed? authority
Conspiracy to commit treason is The offender in misprision of treason
committed when in time of war, two or is punished as an accessory to
more persons come to an agreement to treason
levy war against the government or to The offender is, however, a principal
adhere to the enemies and to give them in the crime of misprision of treason
aid or comfort, and decide to commit it.
Article 116 is an exception to the rule articles, data or information referred
that mere silence does not make a to in paragraph No. 1 of Article 117
person criminally liable which he had in his possession by
reason of the public office he holds.
Article 117. Espionage (spying) The penalty of
prision correccional shall be inflicted upon any Elements:
person who:
a. That the offender is a public officer
1. Without authority therefor, enters a b. That he has in possession the articles,
warship, fort, or naval or military data or information referred to in
establishment or reservation to obtain paragraph No. 1 of Article 117 by
any information, plans, photographs, or reason of the public office he holds.
other data of a confidential nature relative c. That he discloses their contents to a
to the defense of the Philippine representative of a foreign nation
archipelago; or
2. Being in possession, by reason of the
public office he holds, of the articles, data To be liable under paragraph 1, the
or information referred to in the offender must have the intention to obtain
preceeding paragraph, discloses their information relative to the defense of the
contents to a representative of a foreign Philippines
nation. It is not necessary that information is
The penalty next higher in degree shall be obtained, it is sufficient that he has the
imposed if the offender be a public officer purpose to obtain any of them when he
or employee. entered a warship, fort, or naval or
military establishment.
Persons liable in two ways of committing
Espionage offense of gathering, espionage: Any person whether a citizen
transmitting or losing information or a foreigner, a private individual or a
respecting the national defense with public officer
intent or reason to believe that the When the offender is a public officer or
information is to be used to the injury of employee, the penalty next higher in
the Republic of the Philippines or to the degree shall be imposed
advantage of any foreign section. Other acts of espionage are punished by
Two ways of committing espionage under Commonwealth Act No. 616 (An Act to
Article 117 Punish Espionage and Other Offenses
1. By entering without authority Against National Security
therefor a warship, fort or naval or 1. Unlawfully obtaining or permitting to
military establishment or reservation be obtained information affecting
to obtain any information, plans, national defense
photographs or other data of a 2. Unlawful disclosing of information
confidential nature relative to the affecting national defense
defense of the Philippines 3. Disloyal acts or words in time of
peace
Elements: 4. Disloyal acts or words in time of war
a. That the defender enters any of the 5. Conspiracy to violate preceding
places mentioned therein sections
b. That he has no authority therefor 6. Harboring or concealing violators of
c. That his purpose is to obtain the law
information, plans, photographs or Espionage distinguished from treason
other data of a confidential nature Espionage is a crime not conditioned by
relative to the defense of the the citizenship of the offender. Treason is
Philippines committed only in time of war, while
espionage may be committed both in time
2. By disclosing to the representative of of peace and in time of war. Treason is
a foreign nation the contents of the limited in two ways of committing the
crime: levying war and adhering to the There must be regulation issued by
enemy giving him aid or comfort, while competent authority for the enforcement
espionage may be committed in many of neutrality
ways.
Article 120.

Article 118. Inciting to war or giving motives for


reprisals. The penalty of reclusion temporal shall
be imposed upon any public officer or employee,
and that of prision mayor upon any private
individual, who, by unlawful or unauthorized acts,
provokes or gives occasion for a war involving or
liable to involve the Philippine Islands or exposes
Filipino citizens to reprisals on their persons or
property.
Elements:
1. That the offender performs unlawful or
unauthorized acts.
2. That such acts provoke or give occasion
for a war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property.

The intention of the offender is


immaterial
The crime of inciting to war or giving
motives for reprisals is committed in time
of peace.
The penalty is higher when the offender is
a public officer or employee.

Article 119. Violation of neutrality. The penalty of


prision correccional shall be inflicted upon anyone
who, on the occasion of a war in which the
government is not involved, violates any
regulation issued by competent authority for the
purpose of enforcing neutrality.
Elements:
1. That there is a war in which the
Philippines is not involved.
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality.
3. That the offender violates such regulation.

Neutrality a nation or power which


takes no part in a contest of arms going on
between others