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LECTURE NOTES 1- CRIMINAL LAW II

TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE

LAW OF NATIONS (ARTICLES 114-123)
Crimes against National Security
1. Treason (Art. 114, RPC);
2. Conspiracy and proposal to commit treason (Art. 115, RPC);
3. Misprision of Treason (Art. 116, RPC); and
4. Espionage (Art. 117, RPC).

Crimes against the Law of Nations

1. Inciting to war and giving motives for reprisal (Art. 118, RPC);
2. Violation of Neutrality (Art. 119, RPC);
3. Correspondence with hostile country (Art. 120, RPC);
4. Flight to enemy country (Art. 121, RPC);
5. Piracy and mutiny (Art. 122, RPC); and
6. Qualified Piracy and Mutiny (Art. 123, RPC).

² NOTE: Crimes against National Security and the Law of Nations are exceptions to the principle of territoriality under
Art. 2, par. 5 of the RPC (one can be held criminally liable even if those crimes were committed outside the Philippine
jurisdiction). However, the prosecution for the said crimes can proceed only if the offender is already within Philippine
territory or brought to the Philippines pursuant to an extradition treaty after the commission of said crimes.

Where can crimes against the law of nations be tried?

It may be tried anywhere because they are considered crimes against the family of nations. They are committing crimes
against national security.

General Rule: All crimes against national security can only be committed in times of war.
Exception:
1. Espionage (Art. 117, RPC);
2. Inciting to war or giving motives for reprisal (Art. 118, RPC);
3. Violation of Neutrality (Art. 119, RPC); and
4. Mutiny and piracy (Art. 122, RPC) (Boado, 2008).

ARTICLE 114. Treason.

Treason - is a breach of allegiance to a government, committed by a person who owes allegiance to it.

Allegiance - It is the obligation of fidelity and obedience which the individuals owe to the government under which they
live or to their sovereign, in return for the protection they receive.

2 Kinds:
1. Permanent – a citizen’s obligation of fidelity and obedience to his government or sovereign; or
2. Temporary – allegiance which a foreigner owes to the government or sovereign of the territory wherein he resides, so
long as he remains there, in return for the protection he receives, and which consists in the obedience to the laws of the
government or sovereign.

Elements
1. That the offender is a Filipino citizen; or an alien residing in the Philippines (RA 7659);
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 the enemies, giving them aid or comfort.

² NOTE: Treason cannot be committed in times of peace because there are no traitors until war has started.

Commission of treason outside the Philippines

a. If the offender is a Filipino citizen, he can commit this crime even if he is outside the Philippines; or
b. Treason by an alien must be committed in the Philippines (EO 44) except in case of conspiracy.

Modes of committing treason

1. Levying war against the government;
2. Adhering to the enemies, giving them aid and comfort. Formal declaration of the existence of a state of war is not
necessary.

ü “Levying war”
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This requires the concurrence of two things:

a. That there be an actual assembling of men; and
b. For the purpose of executing a treasonable design by force.
The levying of war must be with intent to overthrow the government, not merely to resist a particular statute or to repel a
particular officer.

ü Adherence to enemies
There is adherence to enemies when a citizen intellectually or emotionally favors the enemies and harbors sympathies or
convictions disloyal to his country’s policy or interest. Adherence alone without aid and comfort does not constitute
treason, but such adherence may be inferred from the acts committed by a person.

ü Aid and comfort

It means overt acts which strengthens or tends to strengthen the enemy of the government in the conduct of war against
the government or an act which weakens or tends to weaken the power of the government to resist or to attach the
enemies of the
government.

ü Extent of aid and comfort

The overt act of giving aid or comfort to the enemy must be intentional. As a general rule, to be treasonous, 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. To make a simple distinction: To lend or give
money to an enemy as a friend or out of charity to the beneficiary so that he may buy personal necessities is to assist him
as individual and is not technically traitorous. On the other hand, to lend or give him money to enable him to buy arms or
ammunition to use in waging war against the giver’s country enhance his strength and by the same count injures the
interest of the government of the giver. That is treason (People v. Perez, G.R. No. L-856, April 18, 1949).

Treason cannot be committed through negligence. The overt acts of aid and comfort must be intentional as distinguished
from merely negligent or undersigned act (Cramer v. U.S., 325 U.S. 1; 1945).

How treason may be proved

1. Testimony of two witnesses, at least, to the same overt act (Two-witness rule); or
2. Confession of the accused in open court.

ü Two-witness rule
It is a rule which requires the testimony of at least two witnesses to prove the overt act of giving aid or comfort. The two-
witness rule is severely restrictive and requires that each of the witness must testify to the whole overt act; or if it is
separable, there must be two witnesses to each part of the overt act (People v. Escleto, G.R. No. L-1006, June 28, 1949).

Illustration: Witness A testified that he saw the defendant going to the house of X in search of the latter’s revolver.
Witness B testified that when X went to the garrison, the defendant required him (X) to produce his revolver. It was
held that the search for the revolver in the house of X is one overt act and the requiring to produce the revolver in the
garrison is another. Thus, there must be two witnesses for each act (People v. Abad, G.R. No. L-430, July 30, 1947).

Adherence need not be proved by the oaths of two witnesses. Criminal intent and knowledge may be gathered from the
testimony of one witness, or from the nature of the act itself, or from circumstances surrounding the act. On the other
hand, an overt act, must be established by the deposition of two witnesses. Each of the witnesses must testify to the
whole of the overt act; or if it is separable, there must be two witnesses to each part of the overt act (People v. Adriano,
G.R. No. L-477, June 1947).

ü Confession
It means confession of guilt in an 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.

Example: X furnished women to the enemy. Does the act constitute treason?
Answer: Commandeering of women to satisfy the lust of the enemies or to enliven the entertainment held in their honor
was NOT treason even though the women and the entertainments helped to make life more pleasant for the enemies
(People v. Perez, G.R. No. L-856, April 18, 1949).

Accepting a public office under the enemy does not constitute the felony of treason
Mere acceptance of a public office and the discharge of the duties connected therewith do not constitute per se the crime
of treason, unless such office was accepted as an aid and for the comfort of the enemy and that the person who accepted
the office adheres to the enemy.

Treason as a continuing offense

It can be committed by a single act or by series of acts. It can be committed in one single or different time. In treason,
there is only one criminal intent. A person who commits treason is not criminally responsible for as many crimes of
treason as the overt acts as he has intentionally committed to give aid to the enemy.

² NOTE: The offender can still be prosecuted even after war.

Common crimes (e.g. murder, robbery, arson) committed in the furtherance of the crime of treason cannot be
considered crimes separate from treason

The common crimes committed in furtherance of treason are the overt acts of aid and comfort in favor of the enemy and
are therefore inseparable from treason itself. They become an element of treason. However, if the prosecution should

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elect to prosecute the culprit specifically for these crimes, instead of relying on them as an element of treason,
punishment for these common crimes is not precluded (People v. Prieto, G.R. No. L-399, January 29, 1948).

Aggravating circumstances in the crime of treason

1. Cruelty;
2. Ignominy; and
3. Rape, wanton robbery of personal gains and brutality with which the killing or physical injuries are carried out which can
be regarded as cruelty and ignominy.

² NOTE: Evident premeditation, superior strength, and treachery are circumstances inherent in treason, and therefore,
not aggravating.

Example: A was charged with the crime of treason. In his defense, he asserts that he can no longer be
prosecuted for treason since he already lost his Filipino citizenship under paragraphs 3, 4, and 6 of the
Commonwealth Act No. 63, which provides that “…a Filipino may lose his citizenship by accepting commission
in the military, naval, or air service of a foreign country…” when he joined the Japanese armed forces. Is his
defense tenable?
Answer: NO. A 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. If such contention would be sustained, the very crime would be the
shield that would protect him from punishment (People v. Manayao, G.R. No. L-322, July 28, 1947).

Suspended allegiance or change of sovereignty cannot be used as a defense to the crime of treason because of
the following reasons
1. A citizen owes an absolute and permanent allegiance to his government;
2. The sovereignty of the Government is not transferred to the enemy by mere occupation;
3. 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; and
4. What is suspended is merely the exercise of the rights of sovereignty (Laurel v. Misa, ibid.).

² NOTE: The defense of duress or uncontrollable fear, and lawful obedience to a de facto Government are good
defenses in treason (Go Kim Cham v. Valdez, G.R. No. L-5, September 17, 1945; People v. Bagwis, G.R. No. L-262,
March 29, 1947).

ARTICLE 115. Conspiracy and Proposal to Commit Treason

Elements of conspiracy to commit treason

1. In times 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; and
3. They decide to commit it.

Elements of proposal to commit treason

1. In times 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; and
3. Proposes its execution to some other person or persons. The mere conspiracy and proposal to commit treason
are punishable as felonies under Article 115 because in treason, the very existence of the State is endangered.

Two-witness rule does not apply to conspiracy and proposal to commit treason
It is because conspiracy and proposal to commit treason is separate and distinct offense from that of treason (US v.
Bautista, G.R. No. 2189, November 3, 1906).

Crime committed if actual acts of treason are committed after the conspiracy or after the proposal is accepted
The crime of treason is already consummated since the perpetrator had already executed what was agreed upon or what
was proposed to be done. The conspiracy or proposal is then considered merely as means in the commission thereof.

ARTICLE 116. Misprision of Treason.

Elements
1. That the offender who is not a foreigner must be owing allegiance to the Government;
2. That he has knowledge of any conspiracy to commit treason against the Government; and
3. That he conceals or does not disclose or make known the same as soon as possible to the Governor or Fiscal of
the province or Mayor or Fiscal of the city in which he resides.

This crime is an exception to the rule that mere silence does not make a person criminally liable. It is a crime of omission.

Misprision of treason cannot be committed by a resident alien

The offender must be owing allegiance to the Government, without being a foreigner.

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Penalty
Art. 116 does not provide for a penalty, but the offender is punished as an accessory to the crime of treason. Therefore,
the penalty is two degrees lower than that provided for treason.

² NOTE: The offender in Art. 116 is considered a principal in the crime of misprision of treason, not as an accessory to
the crime of treason. The term accessory refers only to the penalty to be imposed, not to the person who acted
subsequent to the commission of the offense.

Example: X, a Filipino citizen, has knowledge of treason committed by someone and does not report its
commission to the proper authorities. Can he be held liable for Misprision of Treason?
Answer: NO. Art. 116 does not apply when the crime of treason is already committed. This is so because Art. 116 speaks
of “knowledge of any conspiracy against” the Government of the Philippines, not knowledge of treason actually committed
by another.

ARTICLE 117. Espionage.

Espionage 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.

² NOTE: Espionage can be committed in times of war and peace.

Ways of committing espionage under Art. 117 and their respective elements

1. By 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.
Elements:
a. That the offender enters in any place mentioned therein;
² NOTE: The offender is any person, whether a citizen or a foreigner, a private individual or a public officer.
b. That he has no authority therefor; and
c. That his purpose is to obtain information, plans, photographs, or other data of confidential nature relative to the
defense of the Philippines.
² NOTE: The offender must have the intention to obtain information relative to the defense of the Philippines, but
it is not necessary to have actually obtained such information.

2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the
preceding paragraph, which he had in his possession by reason of the public office he holds.
Elements:
a. That the offender is a public officer;
b. That he has in his possession the articles, data, or information referred to in paragraph no. 1 of Article 117, by
reason of the public office he holds; and
c. That he discloses their contents to a representative of a foreign nation.

Offenders under Art. 117

1. Par. 1 – the offender is any person, whether a citizen or foreign individual or a public officer
2. Par. 2 – the offender is a public officer, who has in his possession, articles, data, or information by reason of the public
office he holds.

Other acts of espionage which are punishable under CA 616 (An Act to Punish Espionage and Other Offenses
against National Security)
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 time of peace;
4. Disloyal acts or words in time of war;
5. Conspiracy to violate preceding acts;
6. Harboring or concealing violators of law; and
7. Photographing from aircraft of vital military

Espionage vis-à-vis Treason

Basis Espionage Treason

As to the citizenship of the offender It is a crime not conditioned by With the amendment, under Art. 114,
citizenship of the offender. treason may be committed by a
Filipino citizen or an alien residing in
the Philippines.

As to the time it maybe committed It may be committed either in time of It is committed only in time of war
war or in time of peace.

As to the manner of committing the It may be committed in different ways. There are only two modes of
crime committing treason as provided under
Article 114.

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ARTICLE 118. Inciting to War or Giving Motives for Reprisals.

Elements
1. That the offender performs unlawful or unauthorized acts; and
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.

If both elements concur, the crime is committed regardless of his intentions.

Time of commission
The crime of inciting to war or giving motives for reprisals is committed in time of peace.

Reprisal
It is any kind of forcible or coercive measure whereby one State seeks to exercise a deterrent effect or to obtain redress
or satisfaction, directly or indirectly, for consequences of the illegal acts of another State which has refused to make
amends for such illegal conduct. Reprisal is resorted to for the purpose of settling a dispute or redressing a grievance
without going to war.

Extent of reprisals
Reprisals are not limited to military action. It could be economic reprisals or denial of entry into their country. E.g. X burns
a Singaporean flag. If Singapore bans the entry of Filipinos, that is reprisal.

Example: From 1658 to 2012, the inhabitants of Sabah Malaysia were paying rents to the Sultanate of Sulu. On
2013, Sultan J, of the Sultanate of Sulu decided to send its royal forces in order to claim ownership over Sabah
on the basis of a document ceding ownership of Sabah from Brunei in favor of Sulu. Since Sabah is already part
of the territory of Malaysia and claiming that the act of Sultan J violates Art. 118 of the RPC, the Philippine
government sued Sultan J. Will the suit prosper?
Answer: NO. Art. 118 is applicable only when the offender performs unlawful or unauthorized acts. Sultan J was merely
asserting his right to own the territory of Sabah when he sent its royal forces. The cession made by Brunei in favor of the
Sultanate of Sulu is a lawful and authorized basis upon which the claim of Sultan J may be made.

ARTICLE 119. Violation of Neutrality.

Neutrality

Neutrality is a condition of a nation that, in times of war, takes no part in the dispute but continues peaceful dealings with
the belligerents.

Elements
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality; and
3. That the offender violates such regulation.

Authority to issue a regulation for the enforcement of neutrality

The regulation must be issued by competent authority like the President of the Philippines or the Chief of Staff of the
Armed Forces of the Philippines, during a war between different countries in which the Philippines is not taking sides.

ARTICLE 120. Correspondence with Hostile Country.

Correspondence
Correspondence is communication by means of letters; or it may refer to the letters which pass between those who have
friendly or business relation.

Elements
1. There is a war in which the Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops; and
3. That the correspondence is either —
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.

² NOTE: Even if the correspondence contains innocent matters, but the correspondence has been prohibited by the
Government, it is still punishable. However, in paragraphs 2 and 3 of Art. 120, prohibition by the Government is not
essential.

Ciphers -It means secret message or code.

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Circumstances qualifying the offense under Art. 120

Two things must concur to qualify the offense:
1. That the notice or information might be useful to the enemy; and
2. That the offender intended to aid the enemy.

² 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.

ARTICLE 121. Flight to Enemy’s Country.

FLIGHT TO ENEMY COUNTRY ART. 121

Elements
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; and
4. That going to enemy country is prohibited by competent authority.

NOTE: It should be noted that the mere attempt to flee or go to enemy country when prohibited by competent authority
consummates the felony.

Persons liable
Alien residents, not only Filipino citizens, can be held liable under this article. That law does not say “not being a
foreigner.” Hence, allegiance herein may be permanent or temporary.

ARTICLE 122. Piracy in General and Mutiny on the High Seas.

PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS OR IN PHILIPPINE WATERS ART. 122

Piracy is a 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.

Modes of committing piracy (Art. 122)

1. By attacking or seizing a vessel on the high seas; or
2. By seizing the vessel while on the high seas or the whole or part of its cargo, its equipment or personal belongings
of its complement or passengers, by non-passengers or non-members of the crew.

Elements
1. That a vessel is on the high seas or in the Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel; and
3. That the offenders either —
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.

High seas
It means any waters on the sea coast which are without the boundaries of the low-water mark, although such waters may
be in the jurisdictional limits of a foreign government. The Convention on the Law of the Sea defines “high seas” as parts
of the seas that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a State,
or in the archipelagic waters of an archipelagic State. “High seas” does not mean that the crime is committed beyond the
three-mile limit of any State.

Court which has jurisdiction over piracy committed in the high seas
Pirates are in law hostes humani generis. Piracy is a crime not against any particular state but against all mankind. It may
be punished in the competent tribunal of any country where the offender may be found or into which he may be carried.
The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against all so may it be punished by all. Nor
does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state, “for those limits, though
neutral to war, are not neutral to crimes" (People v. Lo-lo and Saraw, G.R. No. 17958, February 27, 1922).

Example: If piracy was committed outside the Philippine waters, will the Philippine courts have jurisdiction over
the offense?
Answer: YES, for piracy falls under Title I Book 2 of the Revised Penal Code. As such, it is an exception to the rule on
territoriality in criminal law under Article 2. The same principle applies even if the offenders were charged, not with a
violation of qualified piracy under the Code but under a special law, PD 532 which penalizes piracy in Philippine waters
(People v. Catantan, G.R. No. 118075, September 5, 1997)

Piracy Under RPC Piracy Under PD 532

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Can be committed while the vessel is on high seas or in Can be committed only when the vessel is in Philippine
Philippine waters. waters.

Can only be committed by persons who are not members Can be committed by any persons, including the vessel’s
of the vessel’s complement, or the passengers of the complement, or the passengers of the vessel.
vessel.

² NOTE: There is, thus, no piracy when members of the vessel’s complement or its passengers attack or seize the
vessel or its cargo on high seas. The offense would then be theft or robbery cognizable by Philippine courts, if the
crime is committed on a Philippine ship, pursuant to par. 1, Art. 2 of the RPC.

Mutiny
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 vis-à-vis Mutiny

Piracy Mutiny
Offenders are strangers to the vessel. Hence, offenders are Offenders are members of the complement or the
neither passengers nor crew members. passengers of the vessel.

Done with animo furandi/intent to steal and with the Against the authority of the commander of the ship.
intention of universal hostility.

Intent to gain is an element of piracy. Intent to gain is immaterial.

Attack from the outside. Attack from the inside.

ARTICLE 123. Qualified Piracy.

Circumstances qualifying the crimes of piracy and mutiny

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.

No complex crime of piracy with murder

There is only one crime committed – qualified piracy. Murder, rape, homicide, physical injuries are mere circumstances
qualifying piracy and cannot be punished as separate crimes, nor can they be complexed with piracy. Qualified piracy is
considered a special complex crime. It is punishable by reclusion perpetua to death regardless of the number of victims.

References:
th
The Revised Penal Code Criminal Law. Luis Reyes.18 Edit. 2012. Book Two Arts. 114-367.
Notes and Cases on the Revised Penal Code (Book 1 and 2) and Special Penal Laws. 2013. Leonor D. Boado.
Fundamentals of Criminal Law Review. Gregorio. 2008.
CRIMINAL LAW. 2017 GOLDEN NOTES, FACULTY OF CIVIL LAW, UNIVERSITY OF SANTO TOMAS MANILA.
MEMORY AID IN CRIMINAL LAW. San Beda College of Law, 2014 Centralized Bar Operations. BOOK ONE, BOOK
TWO, SPECIAL PENAL LAWS.
www.lawphil.com
www.chanrobles.com
https://www.officialgazette.gov.ph/1930/12/08/act-no-3815-s-1930/

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