MODULE: Criminal Law 2

Chapter II
Crimes Against National
Security and the Law of Nations

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against national security and the
law of nations.

Treason (Article 114)

For the accused to be convicted of treason, the prosecution is burdened to

prove the confluence of the following elements: (1) That the offender is a
Filipino citizen or resident alien; (2) That there is a war in which the Philippines
is involved; and (3) That the offender either – (a) levies war against the
Government or (b) adheres to her enemies, giving them aid or comfort.

Treason, in its more general sense, is the

violation by a subject of his allegiance to his
sovereign or liege lord, or the supreme
authority of the State. (See US v. Abad, 1 Phil.
440)

Treason is a war crime. It cannot be committed in time of peace; it is

punished by the State as a measure of self-defense and self-preservation.
(Laurel v. Misa, 77 Phil. 865)

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The two modes of committing treason are: (1) By levying war against the
Government; (2) By adhering to the enemies of the Philippines, giving them aid
or comfort.

Ways of proving treason: (1) Testimony of two witnesses, at least, to the

same overt act (“The two-witness rule”); or (2) Confession of the accused in
open court.

Conspiracy and Proposal to Commit Treason (Article 115)

The elements of conspiracy to commit treason are: (1) That there is war
in which the Philippines is involved; (2) That 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) That they decide to commit it.

While the elements of proposal to commit treason are: (1) That there is
war in which the Philippines is involved; (2) That at least one person decides to
– (a) levy war against the Government or (b) adhere to the enemies, giving them
aid or comfort; (3) That he proposes its execution to some other persons.

Under Article 115, mere conspiracy to commit

treason is a felony. Mere proposal to commit
treason is also a felony. (Reason: In treason,
the very existence of the state is
endangered)

The two-witness rule does not apply to these crimes. (US v. Bautista, 6
Phil. 581)

Misprision of Treason (Article 116)

The elements of Misprision of Treason are thus: (1) That the offender
owes allegiance to the Government, and is not a foreigner; (2) That he has
knowledge of conspiracy to commit treason against the Government; (3) That
he conceals or does not disclose and make known the same as soon as possible

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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 committed

by a resident alien. And the offender is a
“principal” in the crime of Misprision of
Treason.

Espionage (Article 117)

The acts punished under Article 117 and their respective elements are as
follows:

1) Entering, without authority therefor, 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 Philippines:
a) That the offender enters any of the places mentioned;
b) That he has no authority therefor;
c) That his purpose is to obtain any information, plans, photographs, or
other data of a confidential nature relative to the defense of the
Philippines.
2) 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 has in possession by reason of the public office he holds:
a) That the offender is a public officer;
b) That 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;
c) That he discloses their contents to a representative of the foreign
nation.

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It 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 of the Philippines
or to the advantage of any foreign nation.
(See Section 1 and other sections of
Commonwealth Act No. 616)

Espionage may be committed both in time of peace and in time of war.

Inciting to War or Giving Motives for Reprisals (Article 118)

The elements of the crime are: (1) That the offender performs unlawful or
unauthorized acts; (2) That the acts provoke or give occasion for – (a) a war
involving or liable to involve the Philippines; or (b) exposure of Filipino citizens
to reprisals on their persons or property.

Violation of Neutrality (Article 119)

The elements of this crime are: (1) That there is a war in which the
Philippines is not involved; (2) That there is a regulation issued by a competent
authority to enforce neutrality; (3) That the offender violates the regulation.

Correspondence with Hostile Country (Article 120)

The elements of the crime are: (1) That it is in 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 – (a) prohibited by the Government; (b) carried on in
ciphers or conventional signs; or (c) containing notice or information which
might be used to the enemy.

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Flight to Enemy’s Country (Article 121)

The elements of flight to enemy’s country are: (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 an enemy
country; (4) That going to the enemy country is prohibited by competent
authority.

An alien resident may be guilty of flight to

enemy’s country. Mere attempt to flee or go
to enemy’s country, when prohibited by
competent authority, consummates the
crime.

Piracy (Article 122)

The elements of piracy are: (1) That the vessel is on high seas or
Philippine waters; (2) That the offenders are neither members of its complement
nor passengers of the vessels; (3) That the offenders either – (a) attack or seize
a vessel on the high seas or in Philippine waters; (b) seize in the vessel while on
the high seas or in Philippine waters the whole or part of the cargo of said
vessel, its equipment, or personal belongings of its complement or passengers;
(4) That there is intent to gain.

It is robbery or forcible depredation on the

high seas, without lawful authority and done
with animo furandi (intent to steal) and in
the spirit and intention of universal
hostility. (People v. Lol-lo, 43 Phil. 19 [1922])

The crime of piracy is an exception to the rule on territoriality in criminal

law. It is reprehensible crime against the whole world. (See People v. Tulin, G.R.
111709, August 30, 2001)

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Mutiny (Article 122)

On the other hand, the elements of mutiny are: (1) That the vessel is on
high seas or Philippine waters; (2) That the offenders are members of its
complement or passengers of the vessel; (3) That the offenders either – (a)
attack or seize a vessel while on the high seas or in Philippine waters (b) seize
in the vessel while on the high seas or in Philippine waters the whole or part of
the cargo of said vessel, its equipment, or personal belongings of its complement
or passengers.

Qualified Piracy (Article 123)

The elements of qualified piracy under Article 123 are: (1) That the vessel
is on the high seas or Philippine waters; (2) That the offenders may or may not
be members of its compliment, or passengers of the vessel; (3) That the
offenders either – (a) attack or seize the vessel; or (b) seize the whole or part of
the cargo, its equipment, or in personal belongings of the crew or passengers;
(4) That the preceding were committed under any of the following
circumstances:

a) Whenever they have seized a vessel by boarding or firing upon the same;
b) Whenever the pirates have abandoned their victims without means of
savings themselves; or
c) Whenever the crime is accompanied by murder, homicide, physical
injuries, or rape. (As amended by R.A. No. &659)

Piracy in general and mutiny on the high

seas or in Philippine waters are now
considered as acts of terrorism under R.A.
No. 9372, also known as the “Human Security
Act of 2007.”)

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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