Crimes Against National Security and The Law of Nations

Manuel S.
Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
An Autonomous University
LESSON 1:
CRIMES AGAINST NATIONAL
SECURITY AND THE LAW
OF NATIONS
CLJ3 – CRIMINAL LAW BOOK 2
ATTY. ROLANDO R. RECTO

INSTRUCTOR, CCJC
Manuel S. Enverga University Foundation, Lucena City College of Criminal Justice and Criminology
Students are able to

1. Summarize the concept of felonies in national security and law of nations;
2. Familiarize the elements of each felonies in national security and the law
of nations..
COURTS AND ITS JURISDICTION

CJ105A – COURT TESTIMONY
1. Discuss the different crimes against national security and the

law of nations
2. Identify the elements of each crime define and punished
under Title 1, Book II of the Revised Penal Code
COURTS AND ITS JURISDICTION

CJ105A – Court Testimony
Art. 114. Treason

• Treason is a breach of allegiance to a government committed
by a person who owes allegiance to it.
• Allegiance – the obligation of fidelity and obedience which
the individual owes to the government under which he lives
or to his sovereign, in return for the protection he receives.
Hence an alien residing in the Philippines maybe prosecuted
for acts of treason due to the temporary allegiance he owes
to the Philippine government.
Elements of Treason
1. That the offender owes allegiance to the government of the Philippines (either as a
citizen or an alien residing in the Philippines)
2. That there is a war which the Philippines is involved (Treason is a war crime, it
remains dormant until the emergency arises)
3. That the offender either (modes of committing)
1. Levies war against the government
2. Adheres to the enemy giving them air or comfort
Levying war
• It means that (a) there is an actual assembling of men (b) for
the purpose of executing a treasonous design by force.
• It is not necessary that there be a formal declaration of the
existence of a state of war. Actual hostilities may determine the
date of commencement of war
• The levying of war must be for the purpose of overthrowing the
government not merely to resist a particular statute or repel a
particular officer.
Adherence to the enemies giving them aid and

comfort
• Requires both adherence to the enemy and giving them aid and
comfort
• The terms enemy refers only to the subjects of foreign powers in a
state of hostility with the traitor’s country
• The act committed need not actually strengthen the enemy
• Adherence to the enemy –means that there is intent to betray. The
accused intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his countries policies and
interest
• Rendering aid or comfort – an act which strengthens or tends

to strengthen the enemy in the conduct of war against the
traitors country or any act which weakens of tends to weaken
the power of the traitor’s country to resist or to attack the
enemy
– Extent of aid or comfort – it must be a deed or physical activity and
not merely mental operation
– Emotional or intellectual attachment or sympathy to the enemy,
without giving the enemy aid or comfort is not treason.
– Giving information to or commandeering foodstuffs for the enemy is
evidence of both adherence and aid or comfort
– Being a Makapili constitutes an overt act of psychological comfort.
• Adherence may be proved by

• One witness
• From the nature of the act itself
• From the circumstance surrounding the act
• Ways of proving treason

• Testimony of two witnesses on the same overt act
• Confession of guilt by the accused in open court
• treason absorbs crimes committed in furtherance thereof. It cannot be

complexed with other crimes.
• Treason is a continuous offense
• There is no treason through negligence
• Mere acceptance of public office and discharge of official duties under
the enemy do not constitute per se the felony of treason. But when the
is position of policy determining, the acceptance of public office and the
discharge of official duties constitute treason.
• Treason committed in a foreign country may be prosecuted in the
Philippines.
• Treason by alien must be committed in the Philippines.
Article 115. Conspiracy and Proposal to Commit Treason
• 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.
• Proposal to commit treason – committed when in time of war, a person 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 or persons.
Article 116. Misprision of Treason

Elements:
• that the offender is a citizen of the Philippines
• that he has knowledge of any conspiracy against the
government
• that the conspiracy is one to commit treason
• that he conceals or does not disclose and make known the
same as soon as possible to the proper authority
Article 117. Espionage

• 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 a foreign nation.
TWO WAYS OF COMMITTING ESPIONAGE

1. 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
a. 1. Offender enters any of the places mentioned;
b. 2. He has no authority therefore;
c. 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;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections; and
6. Harboring or concealing violators of law.
Article 118. Inciting to War or Giving Motives for Reprisals

Elements
1. Offender performs unlawful or unauthorized acts;
2. 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.
Article 119. Violation of Neutrality

Elements
1. There is a war in which the Philippines is not involved;
2. There is a regulation issued by a competent authority
to enforce neutrality;
3. Offender violates the regulation.
Article 120. Correspondence with Hostile Country

Elements
1. It is in time of war in which the Philippines is involved;
2. Offender makes correspondence with an enemy country or
territory occupied by enemy troops;
3. 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.
Article 121. Flight to Enemy's Country

Elements
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the government;
3. Offender attempts to flee or go to enemy country;
4. Going to the enemy country is prohibited by competent
authority.
Article 122. Piracy in general and Mutiny on the High

Seas or in Philippine Waters
Acts punished as piracy
1. Attacking or seizing a vessel on the high seas or in Philippine
waters;
2. 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.
Elements of piracy
1. The vessel is on the high seas or Philippine waters;
2. Offenders are neither members of its complement nor
passengers of the vessel;
3. Offenders either –
a. attack or seize a vessel on the high seas or in Philippine waters; or
b. seize 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;
4. There is intent to gain.
Elements of mutiny
1.The vessel is on the high seas or Philippine waters;
2.Offenders are either members of its complement, or passengers of the
vessel;
3.Offenders either –
a.attack or seize the vessel; or
b. seize the whole or part of the cargo, its equipment, or personal belongings of
the crew or passengers.
Mutiny is the unlawful resistance to a superior officer, or the raising of

commotions and disturbances aboard a ship against the authority of its
commander.
Distinction between mutiny and piracy

(1) As to offenders
Mutiny is committed by members of the complement or the
passengers of the vessel.
Piracy is committed by persons who are not members of the
complement or the passengers of the vessel.
(2) As to criminal intent
In mutiny, there is no criminal intent.
In piracy, the criminal intent is for gain.
Article 123. Qualified Piracy

Elements
1.The vessel is on the high seas or Philippine waters:
2.Offenders may not be members of its complement, or
passengers of the vessel;
Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its equipment., or
personal belongings of the crew or passengers;
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
saving themselves; or
c.whenever the crime is accompanied by murder, homicide, physical injuries or
rape.
Mutiny is qualified under the following circumstances:

(1) When the offenders abandoned the victims without means of saving
themselves; or
(2) When the mutiny is accompanied by rape, murder, homicide, or physical
injuries.
Republic Act No. 6235 (The Anti Hi-Jacking Law)

Hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this
crime is known as aircraft piracy.
Four situations governed by anti -hijacking law:

(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight,
compelling the pilots thereof to change the course or destination of the aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while within Philippine
territory, compelling the pilots thereof to land in any part of Philippine territory;
(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft
in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and
(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility
in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was
done not in accordance with the rules and regulations set and promulgated by the Air
Transportation Office on this matter

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Manuel S.

ATTY. ROLANDO R. RECTO

Students are able to

COURTS AND ITS JURISDICTION

1. Discuss the different crimes against national security and the

COURTS AND ITS JURISDICTION

Art. 114. Treason

Adherence to the enemies giving them aid and

• Rendering aid or comfort – an act which strengthens or tends

• Adherence may be proved by

• Ways of proving treason

• treason absorbs crimes committed in furtherance thereof. It cannot be

Article 115. Conspiracy and Proposal to Commit Treason

• Conspiracy to commit treason – committed when in time of war, two or more

Article 116. Misprision of Treason

Article 117. Espionage

TWO WAYS OF COMMITTING ESPIONAGE

2. By disclosing to the representative of a foreign nation the contents

1. Offender is a public officer;

Commonwealth Act No. 616 – An Act to Punish Espionage

Article 118. Inciting to War or Giving Motives for Reprisals

Article 119. Violation of Neutrality

Article 120. Correspondence with Hostile Country

Article 121. Flight to Enemy's Country

Article 122. Piracy in general and Mutiny on the High

Mutiny is the unlawful resistance to a superior officer, or the raising of

Distinction between mutiny and piracy

Article 123. Qualified Piracy

The preceding were committed under any of the following circumstances:

Mutiny is qualified under the following circumstances:

Republic Act No. 6235 (The Anti Hi-Jacking Law)

Four situations governed by anti -hijacking law:

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