TITLE I.

CRIMES AGAINST NATIONAL

SECURITY AND THE LAW OF NATIONS -
CRIMES AGAINST NATIONAL SECURITY

1. Treason (Art. 114);

2. Conspiracy and proposal to commit treason (Art. 115);

3. Misprision of treason (Art. 116); and

4. Espionage (Art. 117).

CRIMES AGAINST THE LAW OF NATIONS

1. Inciting to war or giving motives for reprisals (Art. 118);

2. Violation of neutrality (Art. 119);

3. Corresponding with hostile country (Art. 120);

4. Flight to enemy's country (Art. 121); and

5. Piracy in general and mutiny on the high seas (Art. 122).

Article 114. Treason

ELEMENTS

1. Offender is a Filipino or resident alien;

2. There is a war in which the Philippines is involved;

3. Offender either –

a. levies war against the government; or

b. adheres to the enemies, giving them aid or comfort within the Philippines or

elsewhere

REQUIREMENTS OF LEVYING WAR

1. Actual assembling of men;

2. To execute a treasonable design by force;

 3. Intent is to deliver the country in whole or in part to the enemy; and

4. Collaboration with foreign enemy or some foreign sovereign

TWO WAYS OF PROVING TREASON

1. Testimony of at least two witnesses to the same overt act; or

2. Confession of accused in open court.

Article 115. Conspiracy and Proposal to

Commit Treason
1. There is a war in which the Philippines is involved;

2. At least two persons come to an agreement to –

a. levy war against the government; or

b. adhere to the enemies, giving them aid or comfort;

3. They decide to commit it.

Elements of proposal to commit treason

There is a war in which the Philippines is involved;

2. At least one person decides to –

a. levy war against the government; or

b. adhere to the enemies, giving them aid or comfort;

3. He proposes its execution to some other persons.

Article 116. Misprision of Treason
ELEMENTS:

1. Offender owes allegiance to the government, and not a foreigner;

2. He has knowledge of conspiracy to commit treason against the government;

3. He conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he
resides.

Article 117. Espionage

By entering, without authority therefore, a warship, fort or naval or military establishment or
reservation to obtain any information, plans, photograph or other data of a confidential nature relative
to the defense of the Philippines;

Elements

1. Offender enters any of the places mentioned;

2. He has no authority therefore;

3. 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 1 of Article 117, which he had in his possession by reason of the
public office he holds.

Elements:

1. Offender is a public officer;

2. He has in his possession the articles, data or information referred to in paragraph 1 of

Article 117, by reason of the public office he holds;

3. He discloses their contents to a representative of a foreign nation.

Commonwealth Act No. 616 – An Act to Punish Espionage and Other
Offenses against National Security

Acts punished

1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

2. Unlawful disclosing of information affecting national defense;

3. Disloyal acts or words in times of peace;