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Crim Law2 PDF
Crim Law2 PDF
has not promulgated rules and regulations 2. Offender owes allegiance to the
for the observance of neutrality. It is the Philippines; and
violation of such rules that brings about the 3. He attempts to flee to the enemy country,
crime of violation of neutrality. which is prohibited by the government.
This crime can be committed only in times
of war where the Philippines is a party. Mere
ART. 120- CORRESPONDENCE WITH attempt to flee to the side of the enemy will
HOSTILE COUNTRY already consummate this crime.
The law presupposes that in time of war, a
Committed by any person who in time of person in the Philippines would try to go to
war, shall have correspondence with an the enemy line, that person must have
enemy country or territory occupied by something for the enemy to the prejudice of
enemy troops. the Philippines and its forces.
REASON: The law they violated is not the ROBBERY ON THE HIGH SEAS
law of a particular country but the law of the - Offender is a member of the complement
family of nations. or a passenger of the vessel and there is
violence against or intimidation of persons
3 KINDS OF PIRACY or force upon things in taking the property in
1. Piracy in the high seas punished in the the vessel.
RPC; PIRACY - the offender is an outsider.
2. Piracy in the Philippine waters punished
in PD 532; and NOTE: In both robbery on the high seas and
3. Air piracy punished in RA 6235. piracy, there is
1. Intent to gain; and
2. Manner of committing the crime is the
same.
ELEMENTS OF PIRACY
1. A vessel is on the high seas or in MUTINY ON THE HIGH SEAS is the
Philippine waters; unlawful resistance to a superior officer or
2. The offenders are not members of its the raising of commotions and disturbances
complement or passengers of the vessel; on board a ship against the authority of its
3. The offenders either: a. attack or seize commander. It may be committed by
that vessel or b. seize the whole or part of members of the crew and passengers of the
the cargo of said vessel, its equipment or vessel.
personal belongings of its complement or NOTE: Mutiny must be committed on the
passengers high seas. When committed on board a
vessel within the waters of the Philippine,
the killing is punished as murder.