Lecture 1
in times of war, except the following,
CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF
NATIONS
Crimes Against National Security
 Treason (Art. 114)
 Conspiracy and Proposal to
Commit Treason (Art. 115)
 Misprision of treason Art. 116)
 Espionage (Art. 117)
Crimes Against the Law of Nations
 Inciting to War or Giving Motives
for Reprisals (Art. 118)
 Violation of Neutrality (Art. 119)
 Corresponding with Hostile
Country (Art. 120)
 Flight to Enemy's Country (Art.
121)
 Piracy in General and Mutiny on
the High Seas (Art. 122)
The crimes under this title can be
prosecuted even if the criminal act or
acts were committed outside the
Philippine territorial jurisdiction.
However, prosecution can only
proceed if the offender is within
Philippine territory or brought to the
Philippines pursuant to an extradition
treaty. This is one of the instances
where the Revised Penal Code may
be given extraterritorial application
under Article 2 (5) thereof.
In the case of crimes against the law
of nations, the offender can be
prosecuted wherever he may be found
because the crimes are regarded as
committed against humanity in
general.
Almost all of these are crimes committed
which can be committed in times of
peace:
 Espionage, under art. 114 – this is
also covered by Commonwealth
Act no 616 which punishes
conspiracy to commit espionage.
This may be committed both in
times of war and in times of
peace.
 Inciting to War or Giving
Motives for Reprisals, under art.
118 – this can be committed even
if the Philippines is a participant.
 Violation of Neutrality, under
art. 119 – the Philippines is not a
party to war but there is war going
on. This may be committed in the
light of the Russia vs Ukraine
war.
TREASON: a war crime and cannot be
committed during a time of peace.
§ Offender: Filipino or a resident
alien (a breach of allegiance)
§ There is war, the Philippines is
involved
§ Offender either:
Ø Levies war against the
government; or
Ø Adheres to enemies, giving
them aid or comfort (tends
to strengthen the enemy in
the conduct of war)
Requirements of Levying War:
 Actual assembling of men (actual
arm encounter is not necessary)
 To execute a treasonable design
by force
 Intent is to deliver the country in
whole or in part to the enemy
  Collaboration with foreign enemy
or some foreign sovereign.
Two ways of proving treason:
 Testimony of at least two
witnesses to the same overt act
(corroborative testimony to the
perpetration of the same
treasonous act);
 Confession of accused in open
court.
Aggravating circumstance: cruelty and
ignominy
Treason cannot be committed in time of
peace because it implies the absence of
traitors or enemies. However,
treasonable acts can actually be
perpetrated in time of peace but there are
no traitors since a war has not started.
In the case of Laurel v. Misa (77 Phi.
865), Justice Perfecto wrote in his
separate opinion that “Treason is a war
crime. It is not an all-time offense. It
cannot be committed in peace time.
While there is peace, there are no
traitors. Treason may be incubated when
peace reigns. Treasonable acts may
actually be perpetrated during peace,
but there are no traitors until war has
started.
As treason is basically a war crime, it is
punished by the state as a measure of
self-defense and self-preservation. The
law of treason is an emergency measure.
It remains dormant until the emergency
arises. But as soon as war starts, it is
relentlessly put into effect.
Treason with Murder under Art. 48:
In the case of People vs. Prieto, (January
29, 1948) the Supreme Court explained
that treason cannot be complexed with
the crime of murder, to quote:
“…in the nature of things, the giving of
aid and comfort can only be
accomplished by some kind of action. Its
very nature partakes of a deed or
physical activity as opposed to a mental
operation. This deed or physical activity
may be, and often is, in itself a criminal
offense under another penal statute or
provision. Even so, when the deed is
charged as an element of treason it
becomes identified with the latter crime
and cannot be the subject of a separate
punishment, or used in combination
with treason to increase the penalty as
article 48 of the Revised Penal Code
provides.”[
CONSPIRACY AND PROPOSAL TO
COMMIT TREASON:
Elements of conspiracy to commit
treason:
 There is war. The Philippines is
involved;
 At least two persons come to an
agreement to -
o Levy war against the
government; or
o Adhere to the enemies,
giving them aid or comfort;
 They decided to commit it.
Elements of proposal to commit treason:
 There is a war. The Philippines is
involved;
 At least one person decides to -
o Levy war against the
government; or
o Adhere to the enemies,
giving them aid or comfort;
 He proposes its execution to some
other persons.
MISPRISION OF TREASON:
Elements:
 Offender:
o owes allegiance to the
government
o not a foreigner
 Knowledge of conspiracy to
commit treason against the
government.
 He conceals the same from the
authorities.
ESPIONAGE - Espionage is the offense
of gathering, transmitting, or losing
information respecting the national
defense with the intent or reason to
believe that the information is to be used
to the injury of the Philippines or the
advantage of any foreign nation. It is not
conditioned on citizenship.
Acts Punished:
First act punishable:
 Offender enters any of the
following places: a warship, fort
or naval or military establishment
or reservation
 He has no authority therefor.
 His purpose: to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.
Second act punishable:
 Offender is a public officer;
 He has in his possession the
articles, data or information
referred to in paragraph 1 Article
117, by reason of the public office
he holds;
 He discloses their contents to a
representative of a foreign nation.
It must be observed that the offender
must have the intention or purpose to
obtain information relative to the
Philippines’ defense. Nevertheless, if the
accused has no such intention, even if he
enters a warship, fort or naval or military
establishment, Art. 117, par. 1 does not
apply. Hence, he is not liable for the
crime of espionage. Under par. 1, the
offender is any person.
In fine, the crime of espionage is not
conditioned by the citizenship of the
offender. Par. 2 of the same provision,
however, states that to establish a
person’s culpability under espionage, it
is a  sine qua non  requirement that the
offender must be a public officer who
has in his possession the articles, data or
information by reason of the public he
holds and discloses their contents to a
representative of a foreign nation.
Furthermore, an offender being a public
officer or employee, the penalty next
higher in degree shall be imposed.
With it being a crime against national
security, is espionage then committed in
times of war or in times of peace? The
answer is either. Espionage can be
committed in times of war or in times of
peace. Crimes against national security
are generally committed in times of war
except for espionage and misprision of
treason which can be committed in both
situations.
Jurisprudence on Espionage
Espionage was included in the discussion
in the 1946 case of Go Tian Sek Santos
v. Eriberto Misa (March 28, 1946). In
this case, the Supreme Court ruled that
espionage is a crime not conditioned by
the citizenship of the offender.
Solicitor-General had admitted that Go 6. Harboring or concealing
Tian Sek Santos for active collaboration
with the Japanese. Meanwhile, petitioner violators of the law.
avers that he is a Chinese citizen. He
claims that his detention is illegal and he
must not be confined under INCITING TO WAR OR GIVING
Commonwealth Act. No. 682 as he did MOTIVES FOR REPRISALS
not owe allegiance either to the United
States or to the Commonwealth of the Elements:
Philippines.  Offender performs unlawful or
unauthorized acts;
The Supreme Court has repeatedly ruled  The acts provoke or give occasion
that petitioner’s foreign status does not for –
exclude him  ipso facto  from the scope of o a war involving or liable to
the above provisions. As stated by the involve the Philippines; or
Solicitor-General, he might be o exposure of Filipino
prosecuted for espionage, citizens to reprisals
(Commonwealth Act No. 616) a crime (retaliation, revenge, acts
not conditioned by the citizenship of the of vengeance) on their
offender and considered as an offense persons or property.
against national security.
VIOLATION OF NEUTRALITY
What is espionage under
Commonwealth Act No. 616 Elements:
Commonwealth Act No. 616 expanded  There is a war. Philippines is
and broadened the acts of espionage. not involved;
Thus, under CA 616, the following are  A regulation issued enforcing
acts of espionage: neutrality;
 Offender violates the
1. Unlawfully obtaining or regulation.
permitting to be obtained CORRESPONDENCE WITH HOSTILE
information affecting national COUNTRY
defense.
Elements:
2. Unlawful disclosing of  There is war. Philippines is
information affecting national involved.
 Offender makes correspondence
defense. with an enemy country or territory
3. Disloyal acts or words in occupied by enemy troops.
times of peace.  The correspondence is either –
o prohibited by the
4. Disloyal acts or words in government;
times of war. o carried on in ciphers or
5. Conspiracy to violate conventional signs; or

preceding sections.
 o containing notice or
information which might
be useful to the enemy.
FLIGHT TO ENEMY'S COUNTRY
Elements:
 There is a war. Philippines is
involved.
 Offender must be owing
allegiance to the government.
 Offender attempts to flee or go
to the enemy country.
 Going to the enemy country is
prohibited by competent
authority.
PIRACY AND MUTINY
PIRACY -- In the case of People v.
Lol-lo, G.R. No. L-17958, [February
27, 1922], 43 PHIL 19-27, Piracy is
defined as robbery or forcible
depredation on the high seas, without
lawful authority and done animo
furandi and in the spirit and intention
of universal hostility. It 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
crime has no territorial limits.
Acts punished as piracy:
Ø Attacking or seizing a vessel on
the high seas or in Philippine
waters;
Ø 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.
What is Piracy under P.D. No. 532?  P.D. No. 532
Under this law, Piracy is committed
when the offender attacked or seized the
vessel or a part of the shipment. The
personal belongings of the passengers,
irrespective of its value. The criminal act
is executed by means of force and
violence, whether the offender may be a
part of the crew or a stranger to the
vessel, is on the Philippine waters, and is
ruled under PD 532. On the other hand,
if the vessel is on the high seas, Art. 122
of the RPC shall apply.
Distinguish Piracy under the Revised
Penal Code Art 122 and with P.D. No.
532 
 The vessel where it is located.
Under the RPC, the vessel is in the
Philippine waters or high seas. In PD No.
532, the vessel must be in the Philippine
waters.
 Who perpetrated the crime or
the offenders?
Under the RPC, the offender is any
person who seizes the vessel or any
person who seizes the cargo, equipment,
or personal belongings, and who is not a
crew member or complement. In PD No.
532, the offender is any person.
 When it comes to penalties.
Under the RPC, the penalty for a simple
piracy is reclusion perpetua. Under PD
No. 532, the penalty is reclusion
temporal, except when physical injuries
or other crimes are committed, in this
case, it is penalized by reclusion
perpetua. 
Similarities of Piracy under the
Revised Penal Code Art 122 and with
  Piracy for both is committed
by means of attacking or
seizing the vessel, or takes
away the whole part thereof or
its cargo, equipment, or the
personal belongings of its
complements or passengers.
 The penalty for Qualified
Piracy under the RPC and PD
No. 532 is the same: Reclusion
perpetua.
QUALIFIED PIRACY
Elements:
 The vessel is on the high seas or
Philippine waters;
 Offenders may or may not be
members of its complement, or
passengers of the vessel;
 Offenders either –
o attack or seize a vessel;
o 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 ff.
circumstances:
o whenever they have seized
a vessel by boarding or
firing upon the same;
o whenever the pirates have
abandoned their victims
without means of saving
themselves;
o whenever the crime is
accompanied by murder,
homicide, physical injuries
or rape.
In Paragraph 3, it mentions the
accompaniment of the crime of murder,
homicide, physical injuries, or rape. Will
the crimes specifically mentioned in the
provision of the article be separated from
the crime of Qualified Piracy? In the
situation that multiple counts of the listed
crimes were committed will it matter to
the gravamen of the offense?
These questions were answered by the
Supreme Court in the case of People of
the Philippines vs. Siyoh, et al G.  R. No.
L-57292 February 18, 1986 where it
ruled as follows:
“But the number of persons killed on the
occasion of piracy is not material. P.D.
No. 532 considers qualified piracy, i.e.
rape, murder or homicide is committed
as a result or on the occasion of piracy,
as a special complex crime punishable
by death regardless of the number of
victims.”
The crimes mentioned in the qualifying
circumstances are not treated as separate
crimes but are only qualifiers for the
crime of qualified piracy.  Qualified
Piracy is a special complex crime which
was punishable of Reclusion Temporal to
Death regardless of the number of
victims of murder, homicide, physical
injuries, or rape.
Is there Qualified Piracy under P.D.
No. 532?
Qualified Piracy applies to both the
Piracy mentioned in the Article 122 and
P.D. No. 532. Should the crime of piracy
be committed with at least one of the
above-mentioned circumstances it would
be considered as Qualified Piracy.
However, the provision under P.D. No.
532 where it includes passenger and
members of the crew as possible
offenders of the crime piracy conflicts
with the first provision of qualifying
circumstances.  Paragraph 1 states that,
“Whenever they have seized a vessel by
boarding or firing upon the
same.” Considering that under P.D. No.
532 the offenders are already boarded or
are insiders of the vessel being pirated
this shall not merit to qualified piracy but
is only a simple piracy under P.D. No.
532.
Abetting the Commission of Piracy  internal waters of a state.
(Abetting -- to actively second and
encourage (something, such as an
activity or plan) abet the commission of
a crime. : to assist or support
(someone) in the achievement of a
purpose.)  considering that EEZ is outside of the
Under P.D. No. 532 (section 4), “Any
person who directly or indirectly abets
the commission of piracy, shall be
considered as an accomplice of the
principal offenders and be punished in
accordance with the Rules prescribed by
the Revised Penal Code.”
High Seas or Philippine Waters? Does
the Venue of the Crime Matter?
Often mentioned in the above stated
provisions is the word Philippine waters.
What bodies of water are considered to
be part Philippine waters? Defined in
P.D. No. 532:
Philippine waters shall refer to all
bodies of water, such as but not limited
to, seas, gulfs, bays around, between and
connecting each of the Islands of the
Philippine Archipelago, irrespective of
its depth, breadth, length or dimension,
and all other waters belonging to the
Philippines by historic or legal title,
including territorial sea, the sea-bed, the
insular shelves, and other submarine
areas over which the Philippines has
sovereignty or jurisdiction.
Mentioned also is the term high seas,
how can we differentiate it with the
Philippine waters?  High seas are those
which are beyond the jurisdiction of any
country. As elucidated in the Geneva
Convention on the High Seas 1958, High
seas are all parts of the sea that are not
included in the territorial sea or in the
Applying the said definition, shall A
commit the crime of qualified piracy in
the Exclusive Economic Zone or (EEZ),
it shall not be in relation to P.D. No. 532
but to the Article 122 of the RPC
Philippine Waters.
However, if A, a passenger of the vessel
looted and stole the cargo of the vessel
he is boarded into while it is in the high
seas, he is not criminally liable for the
crime of piracy but for the crime of
robbery since the Article 122 of the RPC
clearly states that the offenders shall not
be a member of its complement nor a
passenger.
Territorial Principle:
Territoriality covers either the place of
the commission of the criminal act OR
the place of the occurrence of the effect
of such act (which should be an element
of the crime)
Territorial waters – 12 nautical miles
from the archipelagic baseline over
which the Philippines exercises
jurisdiction.
Merchant vessels passing through
territorial waters are subject to Philippine
jurisdiction if:
1. The consequences of the crime
extend to the Philippines;
2. The crime is of a kind to disturb
the peace of the Philippines or the
good order of the territorial sea
thereof;
3. The assistance of the local
authorities has been requested by.
The master of the ship or by a
diplomatic agent or consular
officer of the flag state;
4. If such measures are necessary for
the suppression of illicit traffic of
drugs or psychotropic substances
(section2, article 27 of the
Convention of the Law of the Sea)
Spratly Islands – islands in the South
China Sea – the ownership of which is
being disputed by the Philippines,
Taiwan, Malaysia, Brunei and China –
we have no jurisdiction over crimes
committed by the Filipinos there.
Kalayaan Islands (Scarborough Shoal) –
it became res nullius when Japan after its
occupation during WW II renounced
sovereignty over it through the Treaty of
Peace. Tomas Cloma who discovered
the uninhabited island ceded his right in
favor of the Philippines. The Philippines
asserted ownership over the island by
establishing the Municipality of
Kalayaan in 1978 (elections are regularly
held there). We have jurisdiction over
crimes committed therein because of the
Baseline Law (RA 9522).
200 miles exclusive economic zone –
NO SOVEREIGNTY – only sovereign
right to fish and to exploit the natural
resources in the zone (Convention on the
law of the sea)
Note: sovereign right is not equivalent to
sovereignty. Under the Convention of the
Law of the Sea foreign states have
freedom of navigation and overflight
over our exclusive economic zone.
(freedom of navigation and overflight
cannot be exercised where a state has
sovereignty)
Within the 200 miles exclusive economic
zone, we have limited sovereignty
involving fiscal, custom, immigration,
health and safety and the right of coastal
state. Eg. Section3 of Fisheries Code RA
8550 may be enforced within 200 mile
economic zone.
Murders of Filipinos committed there
must be justified by flag state rule or
passive personality principle (a principle
that allows states in limited cases to
claim jurisdiction to try foreign nationals
for offenses committed abroad that
affects its own nationals)
Jurisdiction Over Piracy Cases
Criminal Laws are territorial in nature
hence the venue of the commission of the
crime matters in determining which court
shall have jurisdiction of the criminal
case.  However, Piracy cases are deviant
to the territorial principle of criminal
law.
Pirates are in law hostes humani generis
which means enemy to mankind.  This
nature of piracy leads to its deviance to
the territoriality principle of penal laws.
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.
Piracy is a Crime against Law of Nation.
Based in the nature of this crime, the
people indicted with the crimes of Piracy
in the High seas can be tried and
punished under International Law or
under the laws of the particular nation
where the pirates had been captured. In
cases where Piracy happened inside
Philippine Waters, jurisdiction is within
the purview of the Philippine Courts.
Jurisdiction for Crimes against Piracy
were discussed in the below cases:
 In People of the Philippine
Islands vs. Lol-Lo and Saraw:
“ 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.” (U.S. vs. Furlong
[1820], 5 Wheat., 184.)” 
 In People of the Philippines
vs. Roger P. Tulin (August 30,
2001):
“ As regards the contention that the trial
court did not acquire jurisdiction over
the person of accused-appellant Hiong
since the crime was committed outside
Philippine waters, suffice it to state that
unquestionably, the attack on and
seizure of “M/T Tabangao” (renamed
“M/T Galilee” by the pirates) and its
cargo were committed in Philippine
waters, although the captive vessel was
later brought by the pirates to Singapore
where its cargo was off-loaded,
transferred, and sold. And such transfer
was done under accused-appellant
Hiong’s direct supervision. Although
Presidential Decree No. 532 requires
that the attack and seizure of the vessel
and its cargo be committed in Philippine
waters, the disposition by the pirates of
the vessel and its cargo is still deemed
part of the act of piracy, hence, the same
need not be committed in Philippine
waters.”
Can a member of the complement or
passenger commit a crime of robbery
inside a vessel?
This is dependent as to where the vessel
is currently located when the offense was
committed. If the attack or the seizing of
the vessel or its cargos happened in
the high seas and was committed by the
members of the vessel’s complement
or passengers, the offense committed
would then be theft or robbery which is
cognizable in the Philippine courts
should the crime be committed inside a
Philippine Ship, pursuant to paragraph 1
Article 2 of the Revised Penal Code.
Can a member of the complement or
passenger commit a crime of piracy
inside the vessel? 
In relation to the preceding paragraph,
the answer, as well, depends on the
location of the vessel when the offense
was committed. The general rule, as one
of the elements of Piracy, is that the
offenders are strangers and must not be
members of the complement or
passenger of the vessel.
Yet, with the promulgation of PD No.
532, it provides that the offense of Piracy
can be committed by any person,
including the vessel’s complement or
passengers. Nonetheless, the ultimate
element, so that even a member of the
complement or passenger can perpetrate
the felony of piracy, should be that the
vessel is within Philippine waters.
 Section 2.Definition of Terms.
The following terms shall
mean and be understood, as
follows: 
             x x x x . . . .
1. Piracy. Any attack upon or
seizure of any vessel, or the
taking away of the whole or
part thereof or its cargo,
equipment, or the personal
belongings of its complement
or passengers, irrespective of
the value thereof, by means of
violence against or
intimidation of persons or
force upon things, committed
by any person, including a
passenger or member of the
complement of said vessel, in
Philippine waters, shall be
considered as piracy. The
offenders shall be considered
as pirates and punished as
hereinafter provided.
Therefore, any complement or passenger
who attacks or seizes the vessel or seizes
the whole or part of the cargo on where
they are in, as well as its equipment or
personal belonging of the other crews or
passenger, will be held liable for the
crime of Piracy not under Article 122 of
the Revised Penal Code but of PD 532, if
the same transpired within Philippine
Waters.
MUTINY -- 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.
Elements of mutiny:
 The vessel is on the high seas or
Philippine waters;
 Offenders: either members of its
complement or passengers of the
vessel;
 Offenders either:
o attack or seize a vessel;
o seize the whole or part of
the cargo, its equipment or
personal belongings of the
crew or passengers.
Distinguish Piracy from Mutiny 
Piracy and Mutiny though provided in
the same article of the Revised Penal
Code, the two concepts are distinct from
each other. The following are the
distinction between Piracy and Mutiny:
 With regard to the
perpetrators/offenders; In
Piracy, offenders are generally
strangers to the vessels, hence
these offenders are neither
passengers nor crew members,
with the exception of Piracy as
defined under PD 532 wherein
it can be committed by any
persons including the vessel’s
complement or the passengers
 of the vessel only if the
offense was committed inside
Philippine Waters. While for
Mutiny, the offenders are
members of the complement
or the passenger of the vessel.
 With regard to the purpose; In
Piracy, the act is done
with animo furandi to steal or
an intent to gain in the spirit of
universal hostility. In Mutiny,
the purpose is against the
authority of the ship and the
offenders only intend to ignore
the authority of the ship’s
officer.
We have Article 122 of the Revised
Penal Code, which provides for the crime
of piracy in general, and Presidential
Decree No. 532, which includes
passengers and members of the vessel as
possible offenders of the crime of piracy,
and Article 123 of the Revised Penal
Code, which provides qualifying
circumstances for qualifies piracy.
As a summary to which law shall govern,
we must look into the following:
1. If all the elements of piracy
are present and it happens
either in the Philippine waters
or in the High Seas,
commenced by offenders not
part or member of the vessel
nor a passenger of the same,
and there are no qualifying
circumstances as indicated in
the Article 123 of the RPC the
law which shall apply is the
Article 122 of the Revised
Penal Code.
2. If all the elements of piracy
are present and it happens in
the Philippine waters only and
the offenders are part of the
vessel or a passenger of the
same, and there are no
qualifying circumstances as
above indicated in the Article
123 of the RPC the law which
shall apply is the Presidential
Decree No. 532.
3. If all the elements of piracy
are present and it happens
either in the Philippine waters
or in the High Seas,
commenced by offenders
which are not members of the
vessel nor a passenger, and
there is at least one of the
qualifying circumstances as
above indicated they are liable
for Qualified Piracy under
Article 123 of the RPC in
relation to Article 122.
4. If all the elements of piracy
are present and it happens only
in the Philippine waters,
commenced by offenders
which are members of the
vessel or a passenger, and
there is at least one of the
qualifying circumstances as
above indicated they are liable
for Qualified Piracy under
Article 123 of the RPC in
relation to Presidential Decree
No. 532.