CRIMINAL LAW REVIEWER

ELEMENTS OF TREASON:

1. Offender is a Filipino citizen or an alien residing in the Philippines.

2. There is a war in which the Philippines is involved. Note: Formal declaration of the existence of
a state of war is not necessary.
3. Offender either –
a. Levies war against the government, or
b. Adheres to the enemies by giving them aid and comfort.

ELEMENTS OF LEVYING OF WAR:

1. There must be an actual assembling of men.

2. For the purpose of executing a treasonable design by force

What are the ways of proving treason?

1. Two‐witness rule – The testimony of two witnesses is required to prove the same overt act of
giving aid or comfort.
Note: The testimonies must refer to the same act, place and moment of time. If the overt act is
separable, two witnesses must also testify to each part of the overt act.
2. Confession of the accused in open court.
Note: The confession means pleading guilty in open court that is 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.

ELEMENTS OF CONSPIRACY TO COMMIT TREASON:

1. In time of war
2. Two or more persons come to an agreement to:
a. Levy war against the government, or
b. Adhere to enemies and to give them aid or comfort.
3. They decide to commit it .

ELEMENTS OF PROPOSAL TO COMMIT TREASON:

1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the enemies and
give them aid and comfort.
3. Proposes its execution to some other person or persons.

ELEMENTS OF MISPRISION OF TREASON:

1. Offender must be owing allegiance to the government of the Philippines

2. Offender is not a foreigner
3. He has knowledge of any conspiracy to commit treason against the said government
CRIMINAL LAW REVIEWER

TWO MODES OF COMMITTING ESPIONAGE:

First mode: By entering, without authority, a warship, fort or military or naval establishments or
reservation to obtain any information, plans or other data of confidential nature relative to the defense
of the Philippines.

ELEMENTS:

1. That the offender (a Filipino or a resident agent) enters any of the places mentioned therein
Note: Under the first mode the offender is any person, whether a citizen or a foreigner, a private
individual or a public officer.
2. That he has no authority therefore.
3. That his purpose is to obtain information, plans, photographs or other data relative to the
defense of the Philippines.

Second mode: By disclosing to the representative of a foreign nation the contents of the articles data or
information referred to in par. No. 1 of 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 possession the articles, data or information referred in paragraph 1 of Art. 117, by
reason of the public office he holds;
3. That he discloses their contents to a representative of a foreign nation.

ELEMENTS OF INCITING TO WAR:

1. Offender performs unlawful or unauthorized acts.

2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or
expose the Filipino citizens to reprisals on their persons and property.

ELEMENTS OF VIOLATION OF NEUTRALITY:

1. There is a war in which the Philippines is not involved.

2. A regulation is issued by a competent authority to enforce neutrality.
3. Offender violates such regulation.

ELEMENTS OF CORRESPONDENCE WITH HOSTILE COUNTRY:

1. There is war in which the Philippines is involved.

2. Offender makes correspondence with the enemy country or territory occupied by enemy
troops.
3. Correspondence is either –
a. Prohibited by the Government
b. Carried on in ciphers or conventional signs
CRIMINAL LAW REVIEWER

c. Containing notice or information which might be useful to the enemy or intended by the
offender to aid the enemy.

ELEMENTS OF FLIGHT TO ENEMY’S COUNTRY:

1. Existence of war in which the Philippines is involved.

2. Offender owes allegiance to the Philippines.
3. Offender attempts to flee or go to the enemy country.
4. Going to enemy country is prohibited by competent authority.

ELEMENTS OF PIRACY:

1. Vessel is on high seas or in Philippine waters.

2. Offenders are not members of its complement or passengers of the vessel.
3. Offenders –
a. Attack 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.