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Reyes 2001 Book II Outline - Title 01 PDF
Reyes 2001 Book II Outline - Title 01 PDF
Title One
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the Government of the
Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them
aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt
act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph
1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000
pesos. (As amended by E.O. No. 44, May 31, 1945).
Elements of Treason
1. That the offender is a Filipino citizen or an alien residing in the Philippines.
Treason, defined
- Treason is the breach of allegiance to a government, committed by a person who owes allegiance to it.
- Testimony of witnesses
Allegiance, defined
- 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.
In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war
It is necessary that the purpose of levying war is to deliver the country in whole or in part to the enemy.
- Note: it does not mean that adhering to the enemies is required only in the second mode of committing
treason.
Adherence alone, without giving the enemy aid or comfort, does not constitute treason
- Emotional or intellectual attachment or sympathy to the enemy, without giving the enemy aid or comfort,
is not treason.
When there is no adherence to the enemy, the act which may do aid or comfort to the enemy does not amount to
treason
- The sale to enemy of alum crystals and water pipes does not per se constitute treason, because such
articles are not exclusively for war purposes and the sale does not necessarily carry an intention on the
part of the vendor to adhere to the enemy.
Giving information to, or commandeering foodstuffs for, the enemy is evidence of both adherence and aid or
comfort
Commandeering of women to satisfy the lust of the enemy or to enliven the entertainments held in their honor
was not treason even though the women and the entertainment helped to make life more pleasant for the enemies
and boost their spirit.
Acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of
treason
Mere governmental work during the Japanese regime is not an act of treason
- Eg. membership in the Bureau of Constabulary, which was intended for the promotion and preservation
of law and order.
Cavaet: this is not free from errors. Possession of this document
Constitutes as a waiver of the authors from any liability whatsoever
3
Reyes 2001 Book II Outline - Title One Kiddy and Mondy
Membership in the police force during occupation is not treason; but active participation with the enemies in the
apprehension of guerillas and infliction of ill-treatment make such membership liable for treason
Guerilla warfare may be unlawful from the standpoint of the conqueror, it should not be suppressed because it
cannot be regarded as unlawful by those who, by natural right, are trying to drive him out of their invaded
territory
When the arrest of persons alleged to have been guerillas was caused by the accused due to their committing a
common crime, like arson, he is not liable for treason
The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of a
foreign power
- “Enemies” applies only to the subjects of a foreign power in a state of hostility with the traitor’s country.
When killings and other common crimes are charged as overt acts of treason, they cannot be regarded as 1)
separate crimes OR 2) as complexed with treason.
- But this rule will not preclude the punishment of murder or other common crimes as such, IF the
prosecution should elect to prosecute the culprit specifically for there crimes, instead of relying on them
as an element of treason.
Treason cannot be proved by circumstantial evidence of the extrajudicial confession of the accused
The two-witness rule is “severely restrictive” and conviction for treason difficult
- This provision requires that each of the witnesses must testify to the whole overt act or if it is separable,
that there must be two witnesses to each part of the overt act.
The defendant should be acquitted if only one of the two witnesses is believed by the court
- There is a need for corroboration in the form of direct testimony of another eyewitness to the same overt
act.
Cavaet: this is not free from errors. Possession of this document
Constitutes as a waiver of the authors from any liability whatsoever
4
Reyes 2001 Book II Outline - Title One Kiddy and Mondy
- Eg. “A” testified that he saw the defendants going to the house of Ibarra in search of the latter’s revolver;
“B” testified that when Ibarra went to the garrison, the defendant required Ibarra to produce his revolver.
It was held that the search of the revolver in the house of Ibarra is one overt act and the requiring to
produce the revolver in the garrison, another.
NOTE: Although both acts may logically be presumed to have answered the same purpose, that of
confiscating Ibarra’s revolver, the singleness of purpose is not enough to make one of two acts.
It is sufficient that the witnesses are uniform in their testimony on the overt act; it is not necessary that there be a
corroboration between them on the point they testified
- “A” testified that the defendant, with a Japanese interpreter arrived at their house and inquired if his
brother was at home. “B” did not corroborate “A” in this respect. But said witnesses were uniform in their
testimony on the overt act that the brother was arrested and the defendant actually aided in his arrest.
The two-witness rule is not affected by discrepancies in minor details of the testimony
Reason for requiring the two witnesses to testify to the same overt act
- Special nature of the crime of treason which requires that the accused be accorded with a special
protection not required in other cases so as to avoid a miscarriage of justice.
Reason why adherence to the enemy need not be proved by two witnesses
- What is designed in the mind of an accused never is susceptible of proof by direct testimony.
Defense of duress or uncontrollable fear acceptable because nothing will excuse the act of joining an enemy, but
the fear of immediate death; not the fear of any inferior personal injury nor the apprehension of any outrage upon
property.
Art. 115. Conspiracy and proposal to commit treason; Penalty. — The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos,
and prision correccional and a fine not exceeding P5,000 pesos.
How are the crimes of conspiracy and proposal to commit treason committed?
- Conspiracy to commit treason is committed when in times of war, 2 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.
- Proposal to commit treason is committed when in times 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/s.
The two-witness rule does not apply to conspiracy or proposal to commit treason because this is a separate
offense from that of treason.
Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government of
the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them,
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, as the case may be, shall be punished as an
accessory to the crime of treason.
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.
Article 116 does not apply when the crime of treason is already committed by someone and the accused does not
report its commission to the proper authority
Article 116 is an exception to the rule that mere silence does not make a person criminally liable.
Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of
the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred
to in the preceding paragraph, discloses their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a public officer or employee.
Espionage, defined
- Espionage is the offense of gathering, transmitting or losing information respecting the national defense
with intent or reason to believe that the information is to be used to the injury of the Republic or to the
advantage of any foreign nation.
Elements
(1) That the offender enters any of the place mentioned
(2) That he has no authority therefore
(3) That his purpose is to obtain information, plans, photographs or other data of a confidential nature
relative to the defense of the Philippines
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information
referred to in paragraph No. 1 of Article 117, which he had in his possession by reason of the public
office he holds.
Elements
(1) That the offender is a public officer
(2) That he has in his possession the articles, data, information referred to in Paragraph No. 1 of
Article 117, by reason of the public office he holds
(3) That he discloses their contents to a representative of a foreign nation
To be liable under Paragraph 1, the offender must have the intention to obtain information relative to the defense
of the Philippines
It is not necessary that information, etc. is obtained; it is sufficient that he has the purpose to obtain any of then
when he entered a warship, fort or naval or military establishment.
Art. 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 war involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or property
Examples
- Rising, without sufficient authorization, of troops within the Philippines for the service of a foreign nation
against another nation.
- Public destruction of the flag or seal of a foreign state
- Public manifestation of hostility to the head or ambassador of another state
The intention of the offender is immaterial because the law considers only the effects produced by the acts of the
accused.
- Such acts might disturb the friendly relation that we have with foreign country, and they are penalized
even if they constitute a mere imprudence.
Art. 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, defined
- A nation or power which takes no part in a contest of arms going on between others.
There must be a regulation issued by competent authority for the enforcement of neutrality
Cavaet: this is not free from errors. Possession of this document
Constitutes as a waiver of the authors from any liability whatsoever
8
Reyes 2001 Book II Outline - Title One Kiddy and Mondy
Art. 120. Correspondence with hostile country. — Any person who in time of war, shall have correspondence
with an enemy country or territory occupied by enemy troops shall be punished:
3. By reclusion temporal, if notice or information be given thereby which might be useful to the
enemy. If the offender intended to aid the enemy by giving such notice or information, he shall
suffer the penalty of reclusion temporal to death.
Elements
1. That it is in time of war which the Philippines is involved
2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops
3. That the correspondence is either –
a. Prohibited by the Government;
b. Carried on in ciphers or conventional signs; or
c. Containing notice or information which might be useful to the enemy
Meaning of correspondence
- Communication by means of letters; or it may refer to the letters which pass between those who have
friendly or business relations.
Even if correspondence contains innocent matters, if the correspondence has been prohibited by the Government,
it is punishable.
Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by
competent authority.
Elements
1. That there is a war in which the Philippines is involved
2. That the offender must be owing allegiance to the Government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority
“When prohibited by competent authority” suggests that it must be implemented by the Government.
Art. 122. Piracy in general and mutiny on the high seas. — The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas.
Elements of piracy
1. That the vessel is on the high seas or in Philippine waters
2. 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 said vessel, its equipment or personal belongings of its
complement or passengers
Definition of Piracy
- It is robbery or forcible depredation on the high seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility.
Definition of mutiny
- Unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship
against the authority of its commander
Art. 123. Qualified piracy. — The penalty of reclusion temporal to death shall be imposed upon those who
commit any of the crimes referred to in the preceding article, under any of the following circumstances:
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
“Upon those who commit any of the crimes referred to in the preceding articles”
- Piracy or mutiny is qualified if any of the following circumstances is present:
1. whenever the offenders have seized the vessel by boarding or firing upon the same; OR
2. whenever the crime is accompanied by murder, homicide, physical injuries or rape.
It is qualified piracy when the crime was accompanied by rape and the offenders abandoned their victims without
means of saving themselves.
Piracy is a crime not against any particular state but against all mankind, it may be punished in the competent
tribunal of any country where the offender may be found or into which he may be carried. Nor does it matter that
the crime was committed within the jurisdictional 3-mile limit of a foreign state.
Before Article 122 was amended by RA No. 7659, only piracy and mutiny on the high seas was covered by the
RPC. The commission of the acts described in Article 122 and/or 123 in Philippine waters was punished as piracy
under PD No. 532.
Qualified piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of
the victims.
- The number of persons killed in the occasion of piracy is immaterial.
Vessel, defined
- Any vessel or watercraft used for transport of passengers and cargo from one place to another through
Philippine waters.
Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice
- It is presumed that any person who does any of these acts has performed them knowingly, unless he
contrary is proven.