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Criminal Law II
[Book II]

Prepared and arranged by: ATTY. EDILBERTO E. PAMA III, CPA, REB

“ The man without a purpose is

Like a ship without a rudder- a waif, a nothing, a no man.”

THOMAS CARLYLE

TITLE I- BOOK II of the Revised Penal Code of the Philippines

 What are the crimes comprising Title I of Book II :

a. Treason
b. Conspiracy and Proposal to commit treason
c. Misprision of Treason
d. Espionage
e. Inciting to war and giving motives for reprisal
f. Violation of neutrality
g. Correspondence with hostile country
h. Flight to enemy country
i. Piracy and mutiny
j. Qualified piracy

TREASON

Art. 114. Treason- Any Filipino citizen who levies war against the
Philippines or adheres to her enemies, giving them aid or comfort within the
Philippines or elsewhere, shall be punished by reclusion perpetua to death and
shall pay a fine not to exceed Four million pesos (P4,000,000.00).

No person shall be convicted of treason unless on the testimony of two (2)

witnesses at least to the same overt act or on a confession of the accused in open
court.

Likewise, an alien, residing in the Philippines, who commits acts of treason

as defined in paragraph 1 of this article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed Four million pesos (P4,000,000.00). (As
amended by R.A. No. 10951, August 29, 2017)

Prepared by: Book II of the Revised Penal Code Atty. Edilberto E. Pama III,
CPA
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 Treason- is a breach of allegiance to a government committed by a person

who owes allegiance to it. (U.S. v. Abad G.R. No. 976, October 22, 1902)

 Who can be liable for the crime of Treason?

Both, citizens and aliens can be liable for treason; for citizens, as they owe
permanent allegiance to the Philippines as such. For aliens, because for their
presence here, they owe temporary allegiance to this country which is bound
to extend to them the same protection accorded to its citizens.

 Allegiance defined

Allegiance is the only obligation for fidelity and obedience which the
individual owes to his government or to his sovereign in return for the
protection which he receives.

 What is the two-witness rule?

No person shall be convicted of treason unless on the testimony of two

witnesses to the same overt act.

 Acts of Treason defined

Acts of treason include levying war against the Philippines or adhering to

her enemies, giving them aid or comfort within the Philippines or elsewhere.

 Enemy in the provision should refer to a foreign country. ( U.S. vs.

Lagnayon, 3 Phil 478)

Prepared by: Book II of the Revised Penal Code Atty. Edilberto E. Pama III,
CPA
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 Elements of Treason

a. That the offender owes allegiance to the Government of the Philippines.

b. That there is war in which the Philippines is involved.
c. That the Offender either:
-levies war against the government; or
-adheres to the enemies, giving them aid or comfort

Note: that mere adherence without physical manifestation through the

giving of aid or comfort is not sufficient to constitute treason.

CONSPIRACY AND PROPOSAL TO COMMIT TREASON

This felony must be read in relation to:

Under Art. 8 of the Revised Penal Code of the Philippines:

Art.8. Conspiracy and proposal to commit felony.- Conspiracy and proposal

to commit felony are punishable only in the cases in which the law specially
provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement

concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony
proposes its execution to some other person or persons.

Art. 115. Conspiracy and proposal to commit treason- Penalty. – The conspiracy
or proposal to commit the crime of treason shall be punished respectively, by
prision mayor and a fine not exceeding Two million pesos ( P2,000,000.00) and
prision correccional and a fine not exceeding One million pesos (P1,000,000). ( As
amended by R.A. No. 10951, August 29, 2017).

Conspiracy is not a crime in itself unless or except when the law specifically
provides a penalty therefor.

MISPRISION OF TREASON

Prepared by: Book II of the Revised Penal Code Atty. Edilberto E. Pama III,
CPA
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Art. 116.Misprision of treason. – Every person owing allegiance to the

Government of the Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, who conceals or does not disclose and
make known the same, as soon as possible to the governor or fiscal of the
province, or the mayor or fiscal of the city in which he resides, as the case may be
shall be punished as an accessory to the crime of treason.

Misprision of treason, defined.

Misprision of treason is the failure of a citizen to report as soon as possible a

conspiracy which comes to his knowledge, against the government. But there must
be a war in which the Philippines is involved (BOADO, RPC AND SPL, supra at
384)

Note that Art. 116 is an exception to the rule that mere silence does not make a
person criminally liable. Failure to report violations of the law is not a crime,
except in certain cases such as Art. 116 and concealing evil practices in the course
of sedition.

ELEMENTS OF MISPRISION OF TREASON

1. That the offender is a citizen of the Philippines and not a foreigner;

2. That he has knowledge of any conspiracy against the Government;

3. That the conspiracy is one to commit treason; and

4. That he conceals or does not disclose and make known the same as soon as
possible to the proper authority.

ESPIONAGE

Art. 117. Espionage.- The penalty of prision correccional shall be inflicted upon
any person who:

1. Without authority therefor, enters a warship, fort or naval or military

establishment or reservation to obtain any information, plans,
photographs, or other data of confidential nature relative to the defense
of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the
articles, data, or information referred to in the preceding paragraph,
discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a

public officer or employee.

Prepared by: Book II of the Revised Penal Code Atty. Edilberto E. Pama III,
CPA
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Definition

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, a warship, fort or military or naval

establishment or reservation to obtain any information, plans, photographs,
or other data of confidential nature relative to the defense of the Philippines;
and

Elements:

a. That the offender enters any of the places mentioned therein;

b. That he has no authority therefor; and
c. That 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 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 par. 1 of Art. 117, by reason of the public office he holds; and
c. That he discloses their contents to a representative of a foreign nation.

Prepared by: Book II of the Revised Penal Code Atty. Edilberto E. Pama III,
CPA