CRIMINAL LAW 2 What are the elements?

(C-W-LA)
Book by Atty. Reyes; Lecture by Atty. Trinidad 1. That the offender is a Filipino citizen or an alien residing in the
Philippines
2. That there is a war in which the Philippines is involved
CRIMES AGAINST NATIONAL SECURITY 3. That the offender either:
(T-C-M-E) a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid or comfort
Treason
Conspiracy and proposal to commit treason What is the nature of the crime?
Misprision of treason It is a violation by a subject
Espionage Of his allegiance to his sovereign or
To the supreme authority of the State.
CRIMES AGAINST THE LAW OF NATIONS
(I-V-C-F-P) How do you prove that the offender is a Filipino citizen? (P-T)
 By prison records which sets out his personal circumstances
Inciting to war or giving motives for reprisals properly identified as having filled out with data supplied by the
Violation of neutrality accused himself
Correspondence with hostile country  By the testimony of witnesses who know him to have been born
Flight to enemy’s country in the Philippines of Filipino parents
Piracy in general and mutiny on the high seas or in Philippine waters
What is ‘allegiance’?
Art. 114. Treason. – The obligation of
Any Filipino citizen who levies war against the Philippines or adheres to Fidelity and obedience
her enemies, giving them aid or comfort within the Philippines or Which the individuals owe to the government
elsewhere, shall be punished by reclusion perpetua to death and shall Under which they live or
pay a fine not to exceed 100,000 pesos. To their sovereign,
In return for
No person shall be convicted of treason unless on the testimony of two The protection they receive.
witnesses at least to the same overt act or on confession of the accused
in open court. Should allegiance be permanent or temporary?
 EITHER
Likewise, an alien, residing in the Philippines, who commits acts of  While it is true that the permanent allegiance is owed by an alien
treason as defined in paragraph 1 of this Article shall be punished by to his own country, he also owes a temporary allegiance to the
reclusion temporal to death and shall pay a fine not to exceed 100,000 country where he resides
pesos. (As amended by Sec. 2, RA no 7659, which took effect on 31
December 1993.) What is ‘permanent allegiance’?
It consists in the obligation of fidelity and obedience
What is ‘treason’? Which a citizen or subject
A breach of allegiance to the government Owes to his government or sovereign.
Committed by a person
Who owes allegiance to it. What is ‘temporary allegiance’?
The obligation of fidelity and obedience
Which a resident alien
Owes to our government

RAMOS, MARY LOUISE M CRIMINAL LAW 2

TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ATTY. TRINIDAD
Can treason be committed in time of peace?
 NO
 Treason is a war crime
 While there is peace, there are no traitors
 Treasonable acts may actually be perpetrated during peace, but
there are not traitors until war has started
Why does the state punish treason?
 As a measure of self-defense and self-preservation
 It is an emergency measure
 It remains dormant until the emergency arises
 As soon as war starts, it is relentlessly put into effect
What are the 2 ways or modes of committing treason? (L-A)
1. By levying war against the Government
2. By adhering to the enemies of the Philippines, giving them aid or
comfort
LEVYING WAR
What are the requisites for ‘levying war’? (A-D)
1. An actual assembling of men
2. For the purpose of executing a treasonable design by force
What is ‘actual assembling of men’?
 The actual enlistment of men to serve against the government
does not amount to levying war, because there is no actual
assembling of men
 A body of men be actually assembled for the purpose of effecting
by force a treasonable design, all those who perform any part,
however minute, or however remote from the scene of action,
and who are actually leagued in the general conspiracy, are to
be considered as traitors
Is it necessary that there be a formal declaration of the existence of a
state of war?
 NO
 Actual hostilities may determine the date of the commencement
of war
NOTE: The war must be directed against the government.
 It must be with the intent to overthrow the government as such
 It is not merely to resist a particular statute or to repel a particular
officer
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 An organized attempt on the part of persons joined together in a
band to overthrow and destroy the established government is a
levying of war against the government and constitutes treason
 It matters not how vain and futile the attempt was and how
impossible of accomplishment
 It is not necessary that those attempting to overthrow the
government should have the apparent power to succeed
Is it necessary that the purpose of levying war is to deliver the country in
whole or in part to the enemy?
 YES
 It must be for the purpose of executing a treasonable design by
force
 Adhering to the enemies is not only required in the second mode
of committing treason
Should levying war be in collaboration with a foreign enemy?
 YES
 If the levying of war is merely a civil uprising, without any
intention of helping an external enemy, the crime is not treason.
The offenders may be held liable for rebellion.
ADHERING TO THE ENEMIES OF THE PHILIPPINES, GIVING THEM
AID OR COMFORT
What are the requisites for the 2nd mode of committing treason? (A-A)
1. Adherence
2. Giving aid or comfort to the enemy
(Adherence alone or aid alone is not sufficient)
What is ‘adherence to the enemy’?
 Intent to betray
 When a citizen intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his country’s policy
and interest
 Emotional or intellectual attachment or sympathy to enemy,
without giving the enemy aid or comfort, is not treason
What is ‘aid or comfort’?
 An act which strengthens or tends to strengthen the enemy in
the conduct of war against the traitor’s country
 An act which weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy
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  Sale of alum crystals does not necessarily carry an intention on
the part of the vendor to adhere to the enemy. If there is no
intention to betray, there is no treason.
NOTE: Giving information to, or commandeering foodstuffs for, the
enemy is evidence of both adherence and aid or comfort.
What is the extent of aid or comfort?
 It must be given to the enemy by some kind of action
 A deed or physical activity
 Not merely a mental operation
 Must be an act that has passed from the realm of though into
the realm of action
 Examples: furnishing the enemy with arms, troops, supplies,
information, or means of transportation
The law does not prescribe kinds of social, business, and political
intercourse between the belligerent occupants of the invaded country
and its inhabitants.
 What aid and comfort constitute treason must depend upon their
nature, degree, and purpose
 The scope of adherence to the enemy is comprehensive, its
requirement indeterminate
General Rule: The extent of the aid and comfort given to the enemies
must be to render assistance to them as enemies and not merely as
individuals and, in addition, be directly in furtherance of the enemies’
hostile designs.
Example: to lend or give him money to enable him to buy arms or
ammunition to use in waging war against the giver’s country enhances
his strength and injures the interest of the government of the giver
Should the act actually strengthen the enemy?
 NO
 It is not essential that the effort to aid be successful, provided
that overt acts are done which if successful, would advance the
interest of the enemy
 There is aid and comfort no matter how vain or futile the attempt
may be, as long as the act committed tends to strengthen the
enemy
 It is not the degree of success, but rather the aim for which the
act was perpetrated, that determines the commission of treason
Specific acts of aid or comfort constituting treason
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
 Serving as informer, arresting guerilla suspects in an attempt to
suppress the underground movement
 Serving as agent or spy of the enemy army
 Acting as “finger woman”, pointing out to the Japanese several
men whom she accused as guerillas
 Taking active part in the mass killing of civilians by personally
tying the hands of the victims
NOTE: Being a Makapili constitutes an overt act of psychological
comfort
 It furnished the enemy aid in that his cause was advanced, his
forces augmented, and his courage was enhanced by the
knowledge that he could count on men such as the accused and
his kind who were ready to strike at their own people
 The practical effect of it was no different from that of enlisting in
the invader’s army
Does acceptance of public office and discharge of official duties under
the enemy constitute per se the felony of treason?
 NO
 But admitting that such acts were really of aid and comfort to the
enemy, they cannot be punishable in this particular case,
because there is no satisfactory proof of the adherence of the
accused to the cause of the enemy
 Mere governmental work during the Japanese regime is not an
act of treason
When is there adherence to the enemy?
 When the positions to which the accused was appointed were
not only highly responsible positions but also policy-determining,
because they defined the norm of conduct that all the officials
and offices had to adopt and enforce, helped in the propagation
of the creed of the invader, and the acts and utterances of the
accused while holding such positions were an earnest implement
to such policy, the acceptance of public office constitutes treason
DOCTRINES:
1. Membership in the police force during occupation is not treason;
but active participation with the enemies in the apprehension of
guerrillas and infliction of ill-treatments make such member liable
for treason
2. Guerilla warfare may be unlawful, but it should not be
suppressed
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 3. 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.
4. 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.
5. “Enemies” – applies only to the subjects of a foreign power in a
state of hostility with the traitor’s country.
It does not embrace rebels in insurrection against their own
country because they are still citizens and not enemies.
6. There is no treason through negligence. The overt act must be
intentional.
7. When killings and other common crimes are charged as overt
acts of treason, they cannot be regarded:
a. As separate crimes
b. Complexed with treason
Note: This rule would not preclude the punishment of murder or
other common crimes as such, if the prosecution should elect to
prosecute the culprit specifically for these crimes, instead of
relying on them as an element of treason
8. Treason by Filipino citizens can be committed outside of the
Philippines (“in the Philippines or elsewhere”)
9. Treason by an alien must be committed in the Philippines.
10. Treason is a continuous offense. It may be committed by one
single act, by a series of acts, or by several series thereof, not
only in a single time, but in different times, it being a continuous
crime.
Proof of one count is sufficient for conviction.
Is there a complex crime of treason with murder, physical injuries, etc.?
 NO
 Murder and physical injuries were inherent in the crime of
treason characterized by the giving of aid and comfort to the
enemy
Art. 114, par. 2
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
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Can treason be proved by circumstantial evidence or by the extrajudicial
confession of the accused?
 NO
 If the evidence is circumstantial, however strong or convincing it
may be, or is only an extrajudicial confession
What are the ways of proving treason? (T-C)
1. Testimony of two witnesses, at least, to the same overt act; or
2. Confession of the accused in open court
TWO-WITNESS RULE
 Required to prove the overt act of giving aid or comfort
 It is not necessary to prove adherence
 (same time and place dapat)
 It must be adhered to as to each and every one of all the
external manifestations of the overt act in issue
What is an ‘overt act’?
That physical activity or deed that constitutes the rendering of aid and
comfort
Is it required that their testimony be identical?
 NO
 One witness might hear a gun report, see a smoking gun in the
hand of the accused and see the victim fall. Another witness,
who was deaf, might see the accused raise and point the gun
and see a puff of smoke from it. The testimony of both would
certainly be to the same overt act
NOTE: The two-witness rule is “severely restrictive.”
 The provision (taken from the American Constitution) requires
that each of the witnesses must testify to the whole overt act.
 If it is separable, there must be two witnesses to each part of the
overt act
 The defendant should be acquitted if only one of the 2 witnesses
is believed by the court regardless of any moral conviction of the
culprit’s guilt as gauged and tested by the ordinary and natural
methods, with which we are familiar, of finding the truth.
 Natural inferences, however strong or conclusive, flowing from
the testimony of a most trustworthy witness or from other
sources are unavailing as a substitute for the needed
corroboration in the form of direct testimony of another
eyewitness to the same overt act.
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  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 corroboration
between them on the point they testified
 This rule is not affected by the discrepancies in minor details of
the testimony
What is the reason for requiring the two witnesses to testify to the same
overt act?
 The special nature of the crime of treason requires that the
accused be afforded a special protection not required in other
cases so as to avoid a miscarriage of justice
 Due to the extreme seriousness of the crime of treason
How may ‘adherence’ be proved? (W-N-C)
1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the act
Why can adherence be proved by only one witness?
Adherence to the enemy, in the sense of a disloyal state of mind, cannot
be, and is not required to be, proved by disposition of two witnesses,
because what is designed in the mind of an accused never is susceptible
of proof by direct testimony.
NOTE: Confession must be made in open court.
 Confession of guilt
 It is not only an admission of facts made by the accused in giving
his testimony after a plea of not guilty, from which admissions of
his guilt can be inferred.
 Pleading guilty in open court, before the judge while actually
hearing the case
 Extrajudicial confession or confession made before the
investigators is not sufficient to convict a person of treason
What aggravating circumstances may be applied in treason?
1. Cruelty
2. Ignominy
What aggravating circumstances are inherent?
1. Evident premeditation
2. Superior strength
3. Treachery
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
How do you determine the proper penalty for treason?
 The amount or degree of aid or comfort given the enemy as well
as the gravity of the separate and distinct acts of treason
committed by the accused, rather than the circumstances
aggravating or mitigating, shall be taken into consideration.
 This ruling was made when the penalty for treason was still
reclusion temporal to death
Why is the defense of suspended allegiance and change of sovereignty
not accepted?
 A citizen owes an absolute and permanent allegiance to his
Government
 The sovereignty of the Government is not transferred to the
enemy by mere occupation
 The subsistence of the sovereignty of the legitimate Government
in a territory occupied by the military forces of the enemy during
the war is one of the rules of International Law
 What is suspended is the exercise of the rights of sovereignty
NOTES:
1. Defense of duress and lawful obedience to a de facto
government is a good defense in treason
Example: Philippine Executive Commission, Republic
established by the Japanese occupation army in the Philippines
2. Accused cannot divest himself of his Philippine citizenship by the
simple expedient of accepting a commission in the military,
naval, or air service of such country.
Art. 115. Conspiracy and proposal to commit treason – Penalty. –
The conspiracy and proposal to commit the crime of treason shall be
punished respectively, by prision mayor and a fine not exceeding 10,000
pesos, and by prision correccional and a fine not exceeding 5,000 pesos.
How is the crime of conspiracy to commit treason 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.
How is proposal to commit treason committed?
When in time of war,
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A person who has decided NOTE: Art. 116 is an exception to the rule that mere silence does not
To levy war make a person criminally liable.
Against the Government or
To adhere to the enemies and Art. 117. Espionage. –
To give them aid or comfort, The penalty of prision correccional shall be inflicted upon any person
Proposes its execution who:
To some other person or persons. 1. Without authority therefor, enters a warship, fort, or naval or
military establishment or reservation to obtain any information,
Why is mere conspiracy and proposal to commit treason punishable? plans, photographs, or other data of a confidential nature relative
Because the very existence of the state is endangered. to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of
Does the two-witness rule apply to Art. 115? the articles, data, or information referred to in the preceding
NO. This is a separate and distinct offense from that of treason. paragraph, discloses their contents to a representative of a
foreign nation.
Art. 116. Misprision of treason. – The penalty next higher in degree shall be imposed if the offender be a
Every person owing allegiance to (the United States or) the Government public officer or employee.
of the Philippine Islands, without being a foreigner, and having ___
knowledge of any conspiracy against them, who conceals or does not
disclose and make known the same, as soon as possible, to the What is ‘espionage’?
governor or fiscal of the province, or the mayor or fiscal of the city in The offense of
which he resides, as the case may be, shall be punished as an Gathering,
accessory to the crime of treason. Transmitting, or
Losing information
What are the elements? (AF-KC) Respecting the national defense
1. That the offender: With intent or reason to believe
a. Must be owing allegiance to the Government, and That the information is to be used
b. Not a foreigner To the injury of the Republic of the Philippines or
2. That he has knowledge of any conspiracy to commit treason To the advantage of any foreign nation.
against the Government
3. That he conceals or does not disclose and make known the First method of committing espionage
same as soon as possible to the governor or fiscal of the By entering,
province or the mayor or fiscal of the city in which he resides Without authority therefor, (W-F-N-M-R)
A warship,
Can this be committed by a resident alien? Fort, or
NO. Naval, or
Military establishment or
Does this apply when the crime of treason is already committed? Reservation
NO. This article speaks of knowledge of any conspiracy to commit To obtain any information, (I-P-P-O)
treason. Plans,
Photographs or
Offender is punished as an accessory to treason and as a principal in the Other data of a confidential nature
crime of misprision of treason. Relative to the defense of the Philippines

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ATTY. TRINIDAD
What are the elements? (E-N-O) Who is liable?
1. That the offender enters any of the places mentioned therein A public officer who has in his possession the article, data, or information
2. That he has no authority therefor By reason of the public office he holds.
3. That his purpose is to obtain information, plans, photographs, or
other data of a confidential nature relative to the defense of the Other acts of espionage punished by Commonwealth Act No. 616
Philippines Sec. 1. Different violations:
Unlawfully obtaining or 1. By going upon, entering, flying over or
NOTES: permitting to be otherwise by obtaining information
1. The offender must have the intention to obtain information obtained information concerning any vessel, aircraft, work of
relative to the defense of the Philippines. affecting national defense, or other place connected with
2. If he does not have the said intention, he is not liable. defense the national defense, or any other place
3. It is not necessary that the offender should have obtained any where any vessels, aircraft, arms, or
information, plans, etc. other materials for the use in time of war
4. It is sufficient that he has the purpose to obtain any of them are being made, or stored, for the
when he entered any of the places mentioned therein. purpose of obtaining information
respecting national defense, with intent
Who are liable? to use it to the injury of the Philippines
Any person, or to the advantage of any foreign
Whether a citizen or a foreigner, nation
A private individual or a public officer. 2. By copying, taking, making or
attempting or inducing or aiding another
When the offender is a public officer or employee, the penalty next to copy, take, make, or obtain any
higher in degree shall be imposed. sketch, photograph, photographic
negative, blue print, plan, map
Second method of committing espionage instrument, appliance, or note of
By disclosing anything connected with the national
To the representative of a foreign nation defense, for the same purpose and with
The contents of the like intent as in paragraph 1
Articles, 3. By receiving or obtaining or agreeing or
Data, or attempting or inducing or aiding another
Information to receive or obtain from any sources
Referred to in paragraph 1 of Article 117, any of those data mentioned in
Which he had in his possession paragraph 2, code book or signal book,
By reason of knowing it will be obtained or disposed
The public office he holds of by any person contrary to the
provisions of this Act
4. By communicating or transmitting, or
What are the elements? (P-P-D) attempting to communicate or transmit
1. That the offender is a public officer to any person not entitled to receive it,
2. That he has in his possession the articles, data or information by willfully retaining and failing to deliver
referred to in par. 1 of Article 117, by reason of the public office it on demand to any officer entitled to
he holds receive it, or being entrusted with any of
3. That he discloses their contents to a representative of a foreign the data mentioned in paragraph 2, or
nation code book or signal book

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ATTY. TRINIDAD
 5. By permitting, through gross
negligence, to be removed from its
proper place or custody or delivered to
anyone in violation of his trust, or to be
lost, stolen, abstracted or destroyed any
of the data mentioned in paragraph 2,
code book or signal book, the offender
being entrusted with or having lawful
possession or control of the same
Sec. 2. Different violations:
Unlawful disclosing of 1. By communicating, delivering or
information affecting transmitting or attempting or aiding or
national defense inducing another to do it, to any foreign
government or any faction or party or
military or naval force with a foreign
country, whether recognized or
unrecognized by the Philippines, or to
any representative, officer, employee,
subject, or citizen thereof, any of the
data mentioned in paragraph 1 of
section 1 hereof, code book or signal
book.
If committed in time of war, the penalty
is death or imprisonment for not more
than 30 years.
2. In time of war, by collecting, recording,
publishing, or communicating or
attempting to elicit any information with
respect to the movement, number,
description, condition, or disposition of
any of the armed forces, ships, aircraft,
or war materials of the Philippines, or
with respect to the plans or conduct of
any military, naval or air operations or
with respect to any works or measures
undertaken for the fortification or
defense of any place, or any other
information relating to the public
defense, which might be useful to the
enemy.
The penalty is death or imprisonment
for not more than 30 years.
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Sec. 3. Different violations:
Disloyal acts or words 1. By advising, counselling, urging, or in
in time of peace any other manner by causing
insubordination, disloyalty, mutiny or
refusal of duty of any member of the
military, naval or air forces in the
Philippines
2. By distributing any written or printed
matter which advises, counsels, or
urges such insubordination, disloyalty,
mutiny, or refusal of duty
Sec. 4. 1. By willfully making or conveying false
Disloyal acts or words reports or false statements with intent to
in time of war interfere with the operation or success
of the AFP
2. To promote the success of its enemies,
by willfully causing or attempting to
cause insubordination, disloyalty,
mutiny or refusal of duty in the AFP
3. By willfully obstructing the recruiting or
enlistment service
Sec. 5. Requisites: (2-D)
Conspiracy to violate 1. 2 or more persons conspire to violate
preceding sections the provisions of sections 1-4 of this Act
2. One or more of such persons do any
act to effect the object of the conspiracy
Each of the parties to such conspiracy shall
be punished as in said sections provided in
the case of doing of the act the
accomplishment of which is the object of
such conspiracy
Sec. 6. Requisites: (K-H)
Harboring or 1. The offender knows that a person has
concealing violators of committed or is about to commit an
the law offense under this Act
2. The offender harbors or conceals such
person
Espionage vs. Treason
Espionage Treason
may be committed both in the committed only in the time of war
time of peace and in the time of
war
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 may be committed in many ways there are only two ways of
committing treason:
(1) Levying war
(2) Adhering to the enemy,
giving him aid or comfort
not conditioned by the citizenship of the offender
PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
(I-V-C-F)
Inciting to war or giving motives for reprisals
Violation of neutrality
Correspondence with hostile country
Flight to enemy’s country
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.
What are the elements? (U-P)
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
Examples:
1. The raising, without sufficient authorization, of troops within the
Philippines for the service of a foreign nation against another
nation
2. The public destruction of the flag or seal of a foreign state or the
public manifestations of hostility to the head or ambassador of
another state
Is the intention of the offender material?
 NO
 The law considers the effects produced by the acts of the
accused
 Such acts might disturb the friendly relation that we have with a
foreign country, and they are penalized even if they constitute
mere imprudence
RAMOS, MARY LOUISE M
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
When is it committed?
In time of peace.
Art. 119. Violation of neutrality. –
The penalty of prision correccional shall be inflicted upon anyone who,
on the occasion of a way in which the Government is not involved,
violations any regulation issued by the competent authority for the
purpose of enforcing neutrality.
What are the elements? (W-R-V)
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
What is ‘neutrality’?
A nation or power which takes no part in a contest of arms going on
between others is referred to as neutral
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:
1. By prision correccional, if the correspondence has been prohibited
by the Government;
2. By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or information 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.
What are the elements? (W-M-C)
1. That it is in the time of war in 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: (P/C/U)
a. Prohibited by the government, or
b. Carried on in ciphers or conventional signs, or
c. Containing notice or information which might be useful to
the enemy
What is ‘correspondence’?
Communication by means of letters, or
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It may refer to the letters which pass between those who have friendly or
business relations.
NOTES:
1. Even if correspondence contains innocent matters, if it has been
prohibited by the Government, it is punishable
2. Prohibition is not essential in paragraphs 2 and 3
What are the circumstances qualifying the offense? (U-I)
1. The notice or information might be useful to the enemy
2. That the offender intended to aid the enemy
Note: If the offender intended to aid the enemy by giving such notice or
information, the crime amounts to treason; hence, the penalty is the
same as that for treason.
Art. 121. Flight to enemy’s 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.
What are the elements? (WA-AP)
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
May an alien be guilty of flight to the enemy country?
 YES
 The law does not say “not being a foreigner”
 Allegiance contemplated is either natural or temporary allegiance
NOTES:
1. Mere attempt to flee or go to enemy country consummates the
crime
2. It must be implemented by the Government. If it is not prohibited
by competent authority, the crime cannot be committed.
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 or
In Philippine waters
(As amended by Sec. 3, RA No. 7659)
What are the two ways or modes of committing piracy? (A-S)
1. By attacking or seizing a vessel on the high seas or in Philippine
waters
2. 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
What are the elements of piracy? (H-N-O)
1. That a 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-S)
a. Attack or seize that vessel, or
b. Seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers
What is ‘high seas’?
Any waters on the sea coast
Which are without the boundaries of low-water mark,
Although such waters may be
In the jurisdictional limits of a foreign government.
It does not mean that the crime be committed beyond the three-mile limit
of any state.

Convention on the Law of the Sea –

Art. 122. Piracy in general and mutiny on the high seas or in
Philippine waters. – Parts of the seas that
The penalty of reclusion perpetua shall be inflicted upon any person who, Are not included in the exclusive economic zone,
On the high seas or in Philippine waters, In the territorial seas, or
In the internal waters of a state, or
Shall attack or
In the archipelagic waters of an archipelagic state.
Seize a vessel or,
Not being a member of

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ATTY. TRINIDAD
What is ‘piracy’?
It is robbery or
Forcible depredation
On the high seas,
Without lawful authority and
Done with animo furandi (intention to steal) and
In the spirit and
Intention of
Universal hostility.
What is ‘mutiny’?
Committed by the other members
Of the complement and
May be committed by
The passengers of the vessel.
It is the unlawful resistance
To a superior officer, or
The raising of commotions and
Disturbances on board a ship
Against the authority of
Its commander.
PIRACY
the persons who attack a vessel
or seize its cargo are strangers to
said vessels
intent to gain is essential
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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
When are piracy and mutiny considered as terrorism?
A person who commits an act punishable as piracy and mutiny under
Article 122
Thereby sowing and creating a condition of
Widespread and extraordinary fear and panic among the populace,
In order to coerce the government to give in to an unlawful demand
Shall be guilty of the crime of terrorism, and
Shall suffer the penalty of 40 years of imprisonment, without the benefit
of parole.
(Under RA 9372, Human Security Act of 2007)
Art. 123. Qualified piracy. –
The penalty of reclusion perpetua 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:
1. Whenever they have seized a vessel by boarding or firing upon the
same
2. Whenever the pirates have abandoned their victims without means
of saving themselves, or
3. Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape
“Upon those who commit any of the crimes referred to in the preceding
article.”
Refers to piracy and mutiny on the high seas.
What circumstances qualify piracy or mutiny? (B-A-M)
1. When the offenders have seized the vessel by boarding or firing
upon the same
2. Whenever the pirates have abandoned their victims without
means of saving themselves
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape
NOTES:
MUTINY
1. Paragraph 2 excludes mutineers from said paragraph
they are members of the crew or
2. Piracy is a crime not against any particular state but against all
passengers
mankind. It may be punished in the competent tribunal of any
country where the offender may be found or into which he may
may only intend to ignore the be carried.
ship’s officers or
may be prompted by a desire to
commit plunder
CRIMINAL LAW 2
ATTY. TRINIDAD
 Piracy under PD 532 Piracy under Art. 122/123 What is ‘Philippine waters’?
embraces any person including a piracy must be committed on the All bodies of water,
passenger or member of the high seas by any person not a Such as but not limited to:
complement of said vessel in member of its complement nor a  Seas
Philippine waters passenger thereof  Gulfs
 Bays
upon amendment, the coverage Around, between and connecting each of the Islands of the Philippine
was widened to include offenses Archipelago,
committed “in Philippine waters” Irrespective of its depth,
was neither superseded nor Breadth,
amended by RA 7659 Length or
Dimension, and
all it did was to widen the All other waters belonging to the Philippines
coverage of the law, in keeping By historic or legal title,
with the intent to protect the Including territorial sea,
citizenry as well as neighboring The sea-bed,
states from crimes against the The insular shelves, and
law of nations Other submarine areas
Over which the Philippines has sovereignty or jurisdiction.
whereas: “piracy is among the
highest forms of lawlessness What is ‘vessel’?
condemned by the penal statutes Any vessel or watercraft
of all countries.” Used for transport of
Passengers and cargo
NOTE: Piracy under Art. 122, as amended, and piracy under PD 532 From one place to another
exist harmoniously as separate laws. Through Philippine waters.
It shall include
When is Piracy under PD 532 considered as terrorism? All kinds and types of
A person who commits an act punishable under PD 532 (Anti-Piracy and Vessels or boats
Anti-Highway Robbery Law of 1974), thereby sowing and creating a Used in fishing.
condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful NOTE: Any person who aids or protects pirates or abets the
demand shall be guilty of the crime of terrorism. commission of piracy shall be considered as an accomplice.
Such as:
NOTE: Qualified piracy is a special complex crime punishable by  Giving them information about the movement of police or other
reclusion perpetua to death, regardless of the number of victims. peace officers of the government, or
 The number of persons killed on the occasion of piracy is not  Acquires or receives property taken by such pirates or
material.  In any manner derives benefit therefrom, or
 PD 532 considers qualified piracy i.e.rape, murder, or homicide  Any person who directly or indirectly abets the commission of
is committed as a result or on occasion of piracy, as a special piracy
complex crime punishable by death, regardless of the number of It shall be presumed that any person who does any of these acts has
victims. performed them knowingly, unless the contrary is proven.

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NOTE: Acts inimical to civil aviation is punished by RA 6235
(An Act Prohibiting Certain Acts Inimical to Civil Aviation)

What are the punishable acts?

1. Compelling a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof while it
is in flight.
Note: an aircraft is in flight from the moment all its external doors
are closed following embarkation until any of such doors is
opened for disembarkation.
2. Compelling an aircraft of foreign registry to land in Philippine
territory or to seize or usurp the control thereof while it is within
the said territory

Circumstances that would qualify acts 1 and 2:

a. Whenever he has fired upon the pilot, member of the crew,
or passenger of the aircraft
b. Whenever he has exploded or attempted to explode any
bomb or explosive to destroy the aircraft
c. Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape

3. Any person, natural or juridical, who ships, loads, or carries in

any passenger aircraft operating as a public utility within the
Philippines, any explosive, flammable, corrosive, or poisonous
substance or material
Notes:
a. If it is committed by a juridical person, the penalty shall be
imposed upon the manager, representative, director, agent,
or employee who violated, or caused, directed, cooperated
or participated in the violation thereof
b. In case it is committed in the interest of a foreign corporation
legally doing business in the Philippines, the penalty shall be
imposed upon its resident agent, manager, representative or
director responsible for such violation and in addition thereto,
the license of said corporation to do business in the
Philippines shall be revoked
c. (Sec. 7) For any death or injury to persons or damage to
property resulting from a violation of this act, the person
responsible may be held liable in accordance with the
applicable provisions of the RPC.

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TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ATTY. TRINIDAD