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Title 1 CRIMES AGAINST NATIONAL


SECURITY AND THE LAW 2. BY ADHERING TO THE ENEMY,
OF NATIONS GIVING HIM AID AND COMFORT
■ ADHERENCE TO THE ENEMY - a citizen
Art. 114 TREASON intellectuality or emotionally favors the
Any person who, owing allegiance to (the enemy and harbors sympathies or
Philippine), not being a foreigner, levies war convictions disloyal to his country's policy or
against them or adheres to their enemies, interest.
giving them aid or comfort within the
Philippine Islands or elsewhere, shall be AID OR COMFORT - an act which
punished by reclusion temporal to death strengthens or tends to strengthen the
and shall pay a fine not to exceed P20, 000. enemy of the government in the conduct of
No person shall be convicted of treason war against the government or of the
unless on the testimony of 2 witnesses at country to resist or to attack the enemies of
least to the same overt acts or on the government or of the country.
confession of the accused in open court. When the alleged treasonous acts consist
Likewise, an alien, residing in the only of giving aid and comfort, the law
Philippines Islands, who commits acts of requires that it must be coupled with
treason as defined in par. 1 of this article adherence. In other words, the mere giving
shall be punished by prision mayor to death of aid and comfort WITHOUT
and shall pay a fine not to exceed P20, 000. ADHERENCE is not treason.
On the other hand, if the manner of
Elements: committing treason by engaging the forces
1. The offender owes allegiance to the of the government in combat, there is no
Government of the Philippines; need to show that the offenders are doing
2. There is a war in which the Philippines is so out of adherence to the enemy.
involved; If the aid or support given to the enemy is
3. The offender either: one which does not strengthen the enemy in
a. Levies war against the Government; or the conduct of war, there must be
b. Adheres to the enemies, giving them aid independent evidence of adherence,
or comfort. otherwise, the accused is entitled to
acquittal.
TREASON is a breach of allegiance, which Basically, the mental condition cannot bring
is the obligation of fidelity and obedience about the offense not until the offender has
one owes to the government or sovereign started committing an overt act
under which he lives, in return for the
protection he receives.
EVIDENCE NEEDED FOR CONVICTION
ALLEGIANCE – the obligation of fidelity and IN TREASON
obedience which the individual owes to the 1. Testimony of at least 2 witnesses to the
government under which he lives or to his same overt act;
sovereign, in return for the protection he 2. Confession of guilt by the accused in
receives. Hence an alien residing in the open court.
Philippines may be prosecuted for acts of
treason due to the temporary allegiance he TWO-WITNESS RULE
owes to the Philippine government. Under Art. 114 of the RPC, no person shall
be convicted of treason except upon the
PERSONS LIABLE FOR TREASON testimony of at least 2 witnesses by the
1. Filipino citizens - owe permanent same overt act or upon his confession in
allegiance to the government. open court. The 2-witness rule refers to that
2. Resident aliens - owe temporary portion of the provision which requires
allegiance to the government. testimonies of 2 witnesses at least on the
same overt act.
TWO MODES OF COMMITTING
TREASON Example:
Supposedly during the World War, A had
1. BY LEVYING WAR - actual assemblage cooperated with the Enemy soldiers and A
of persons for the purpose of executing a was seen by it in the company of such
treasonable design. soldiers burning a certain barrio. A is again
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seen by C in the company of the same IMPORTANT POINTS TO REMEMBER


enemy soldiers burning again another REGARDING TREASON:
barrio. Under these sets of facts, if B and C 1. Treason is committed only in time of war.
would testify of what they have respectively It cannot be committed in time of peace.
witnessed, may A be convicted of treason? Treasonable acts may actually be during
peacetime, but there are no traitors until war
Answer: has started. [LAUREL VS. MISA, 77 PHIL
No, it is not only the number of witnesses or 856]
the substance but at least 2 witnesses 2. No matter how many acts of treason are
should testify on the same overt act, committed by the offender, he will be liable
commission of the same treasonous act at for one crime of treason only.
the same place and at almost the same There is no complex crime of treason with
time. It is not enough that there be murder. Murder is an integral element of the
witnesses. It is necessary that the 2 crime of treason which correspond to the
witnesses have testified to the same overt giving of aid and comfort to the enemy. The
act. offender will be liable for treason only.
"OVERT ACT" - we mean acts committed in 4. In the imposition of the penalty the course
different places at times far remote from may disregard the attending mitigating and
each other, you will need 2 witnesses to aggravating circumstances. It may consider
each of those places before a conviction only the number, nature and gravity of the
may be done. So, even if there several treasonous acts proven.
witnesses testifying on the treasonous acts, The imposition of the penalty, although
one witness to 2 treasonous act and the indivisible, may rest largely on the exercise
other to another treasonous acts, if the acts of judicial discretion.
testified to are not committed in the same 5. Treachery, abuse of superior strength and
place and at the same time, the 2-witnesses evident premeditation are inherent in
rule is not complied with. treason if there are killings.

The accused himself is entitled to freedom.


EXCEPTION: When the accused himself ART. 115- CONSPIRACY AND PROPOSAL
pleads guilty to the accusation of treason. TO COMMIT TREASON

NOTE: The confession of guilt mentioned in Conspiracy to commit treason – committed


this rule is not a confession of guilt in the when in time of war, two or more persons
ordinary sense of the word. come to an agreement to levy war against
The confession referred to here is a plea of the Government or to adhere to the
guilty in open court. enemies and to give them aid or comfort,
So, if a person accused of treason has and decide to commit it (Arts. 8 and 114)
previously executed a confession before the
interrogating officer, but upon being Proposal to commit treason – committed
arraigned in court, pleads not guilty, he when in time of war a person has decided to
cannot be convicted simply because he had levy war against the Government or to
that confession. adhere to the enemies and to give them aid
But the confession is admissible in or comfort, proposes its execution to some
evidence. Only, it is not sufficient as a basis other person or persons (Arts. 8 and 114)
for conviction. Extra judicial confessions are
admissible but they are not enough to - As a general rule, conspiracy and proposal
sustain conviction. to commit a felony is not punishable
(Article 8), Art 115 is an exception as it
TREASON DISTINGUISHED FROM specifically penalizes conspiracy and
REBELLION: proposal to commit treason.
1. An act of levying war to help the enemy is
treason otherwise it would be rebellion. - The two-witness rule does NOT apply
2. In treason, the purpose is to deliver the because this is a separate and distinct
government to the enemy or to pave the offense.
way for the coming of the enemy while in
rebellion, the purpose is to substitute the - These felonies are absorbed if treason is
government with their own. actually committed.
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3. He has knowledge of a conspiracy to


Elements of Conspiracy to Commit Treason: commit treason against the said
1. There is a war in which the Philippines is government;
involved; 4. He conceals or fails to disclose the same
2. Two or more persons come to an to the authorities of the province or city in
agreement to levy war against the which he resides.
government or to adhere to the enemies For this crime to be committed
and to give them aid or comfort. -there must be a conspiracy to commit
3. He proposes its execution to some other treason. Misprision of treason arises when a
person or persons. person who knew of such conspiracy does
not report the same as soon as possible.
NOTE: If actual acts of treason are
committed after the conspiracy or after the
proposal is accepted, the crime committed For this crime to be committed
will be treason. The conspiracy or proposal -there must be a conspiracy to commit
is considered as a means in the commission treason. Misprision of treason arises when a
thereof. person who knew of such conspiracy does
not report the same as soon as possible.
Even though the offender has reported the
POINTS TO CONSIDER: conspiracy to the government, if by the time
The co-conspirators or those persons the report was made, the conspirators were
involved in the proposal will be criminally already able to commit overt acts of
liable to that extent only as long as none treason, then the party knowing the
among them has committed treasonous conspiracy is nevertheless liable for
acts. misprision of treason because the report
If any of the conspirators or persons was not made as soon as possible.
participating in the proposal have already
done a treasonous act even though Misprision of treason is a felony by
unknown to the others, the crime of all of omission. The offender has knowledge of
them will be treason and not merely conspiracy to commit treason but he failed
conspiracy or proposal. to report it to the authorities AS SOON AS
POSSIBLE.
NOTE: Bear in mind that in conspiracy,
there must be an agreement with NOTE: It is not enough that the report be
concurrence of decision; a mere agreement made. What is required is that it must be
without decision is not conspiracy. So also, reported as soon as possible, because if the
a mere proposal without acceptance, it is report is delayed, this might ripen to an act
not a criminal proposal. of treason.
The idea here is to make it obligatory on the
There must always be the CONCURRENCE part of all citizens of the Philippines to report
of these 2 elements. One without the other to the government as soon as possible any
is not punishable, even if it refers to treason. conspiracy to commit treason and that is
known to them so that the government may
ART. 116-MISPRISION OF TREASON quell the treason before it can ripen.
Where the conspiracy has already ripened
Committed by every person owing to an act of treason, the obligation to report
allegiance to the government of the does not exist anymore because that means
Philippines and not being a foreigner, and that the government knows that there is
having knowledge of any conspiracy against treason going on.
it, conceals or does not disclose and make
known the same, to the governor or fiscal of NOTE: The obligation to report does not
the province where he resides. cover aliens even if they are permanent
residents of the Philippines. This crime can
Elements: only be committed by citizens of the
1. Offender must owe allegiance to the Philippines, unlike treason, which may be
Government of the Philippines; committed by aliens as long as they are
2. Offender is not a foreigner; permanent residents of the Philippines.
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ART. 117- ESPIONAGE


Generally May be committed
committed by an by,citizens or
Without authority shall enter a warship, fort,
alien. resident aliens.
or naval or military reservation to obtain any
information, plans, photograph, or other
data of a confidential nature relative to the
defense of the Philippines There are 2
modes of committing espionage under the
RPC.
ART. 118- INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements of the first mode:
1. Offender, without any authority enters a Committed by any person who, by unlawful
warship, naval or military establishment or or unauthorized acts, provokes or gives
reservation, and occasion for a war involving or liable to
2. He obtains information, plans, involve the Philippines, or exposes the
photographs or other data of a confidential Filipinos to reprisals on their persons or
nature relative to the defense of the property.
Philippines.

NOTE: The purpose of the offender in Elements:


entering must be to get hold of such 1. Offender commits unlawful or
materials. unauthorized acts;
If that is not the purpose, the crime 2. Said acts provide or give occasion for war
committed is trespass to government involving or liable to involve the Philippines
property. Mere entering here will bring about or expose Filipino citizens to reprisals on
a consummated espionage as long as the their persons or property.
criminal intent of the offender is to get hold This is committed by any public officer or
of those materials which are vital to the employee who, by unlawful or unauthorized
defense of the Philippines. acts provokes or gives occasion for a war or
liable to involve the Philippines or exposes
Filipino citizens to reprisals on their persons
or property. There is no need for war going
on. This may be committed in time of war or
Elements of the second mode: time of peace.
1. Offender is a public officer;
2. He has in his possession articles, data or
information referred to in the first mode of
committing this crime; and ART. 119- VIOLATION OF NEUTRALITY
3. He discloses their contents to a
representative of a foreign nation. Committed by any person who on the
occasion of a war in which the Philippines is
NOTE: Where the offender is not a not involved, violates any regulation issued
custodian, the crime committed is infidelity by competent authority for the purpose of
in the custody of public records, and it has enforcing neutrality
nothing to do with national defense of the
Philippines, the offender becomes liable Elements:
only for infidelity in the custody of public 1. There is war in which the Philippines is
records. not involved;
2. Competent authorities have issued
regulations to enforce neutrality; and
ESPIONAGE TREASON
3. The offender violates any of said
There is no need There must be war. regulations.
for war going on Neutrality, defined- a nation which does not
take part in the contest of arms (war) among
Committed in more Committed in 2 other nations is practicing neutrality.
than 2 ways. ways only. There must be a war going on, but the
Philippines is not a part of the war. It cannot
be committed as a crime if the government
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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.

ATTEMPT TO FLEE TO ENEMY


Elements: COUNTRY - This is committed when a
1. There is war in which the Philippines is citizen of the Philippines or one owing
involved; allegiance to the Philippine government
2. The offender shall have correspondence shall attempt to go to an enemy country.
with an enemy country or territory occupied ART. 122- Piracy in general and mutiny on
by enemy troops; and the high seas or in Philippine waters
3. Said correspondence is: Piracy is committed by any person who, on
a) prohibited by the government; the high seas shall attack or seize a vessel
b) the offender shall have correspondence or, not being a member of its complement
with an enemy country or territory occupied nor a passenger, shall seize the whole or
by enemy troops; part of the cargo of said vessel, its
c) notice or information to be given thereby equipment, or personal belongings of its
which might be useful to the enemy or complement or passengers.
intended by the offender to aid the enemy. Piracy is robbery or forcible depredation on
This presupposes that there is a war going the high seas without lawful authority and
on and the Philippines is a party to that war. done with animo furandi and in the spirit and
Under this article, the mere sending or intention of universal hostility.
carrying on of correspondence from one Piracy is regarded not as a crime of any
who is in the enemy country or who is in the particular country but a crime against the
territory occupied by enemy troops is a whole world so that whenever the offenders
crime under the circumstances specified in may go
the article.
The implication is that when a person writes
to another in any enemy country and he ART. 122- Piracy in general and mutiny on
makes use of ciphers and conventional the high seas or in Philippine waters
signs he is hiding something and that is Piracy is committed by any person who, on
maybe one which is vital to the defense of the high seas shall attack or seize a vessel
the Philippines, so the mere sending of that or, not being a member of its complement
under those conditions makes it a crime. nor a passenger, shall seize the whole or
part of the cargo of said vessel, its
equipment, or personal belongings of its
complement or passengers.
Piracy is robbery or forcible depredation on
ART. 121- FLIGHT TO ENEMY COUNTRY the high seas without lawful authority and
Committed by any person who owes done with animo furandi and in the spirit and
allegiance to the Government, attempts to intention of universal hostility.
flee or go to an enemy country when Piracy is regarded not as a crime of any
prohibited by competent authority. particular country but a crime against the
whole world so that whenever the offenders
may go to one country they can be
prosecuted there.
Elements:
1. Existence of war in which the Philippines
is involved;
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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.

PIRACY IN THE HIGH SEAS UNDER THE


REVISED PENAL CODE DIFFERENCE BETWEEN PIRACY AND
1. By attacking or seizing a vessel on the MUTINY:
high seas;
2. By seizing the whole or part of the cargo
PIRACY MUTINY
or equipment of the vessel while on the high
seas or the personal belongings of its The persons who The persons who
complement or passengers, the offenders attack or seize the attack or seize the
not being of the complement or passengers. vessel on the high vessel on the high
OFFENDERS OF PIRACY IN THE HIGH seas are strangers seas are members
SEAS (RPC) to said vessel. of the crew
passengers to said
- Strangers to the vessel
vessel.
- They are not passengers or members of
the crew. There is an intent to There is usually no
For the purposes of determining whether gain. intent to gain as the
one is a stranger to the vessel or not - you offenders may only
only have to determine whether one is intend to ignore the
strip's officers or to
lawfully admitted to the vessel. If he is
commit plunder.
lawfully admitted to the vessel, other than a
complement thereof, then he is a
passenger. But if he boards the vessel
without being lawfully admitted thereto, then PIRACY IN THE PHILIPPINE WATERS
he is a stranger and therefore liable for (P.D. 532)
piracy. If any of the acts described in Art. 122
"HIGH SEAS" refer to the body of water and 123 are committed in Philippine waters,
outside of the territorial waters of the the same shall be considered as piracy
Philippines, even if such is within the under
territorial waters of a foreign country. PD 532.
- Refers to that body of water beyond the Any attack upon or seizure of any vessel,
three-mile limit of our jurisdiction. At this or the taking away of the whole or part
point therefore, it can be easily understood thereof or its cargo, equipment, or the
that piracy under the RPC begins where personal belongings of its complement or
piracy under PD 532 ends. passengers, irrespective of the value
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thereof, by means of violence against or 3. Directly or indirectly abets the


intimidation of persons or force upon things, commission of piracy.
committed by any person, including a Under the decree, when these acts are
passenger or member of the complement of committed the crime is ABETTING PIRACY.
said vessel in Philippine waters, shall be These persons who participate by any of the
considered as piracy. acts mentioned above will be charged not
In this kind of piracy, the offender may be for the crime of piracy but for a crime of
any person. He may be a stranger to the abetting piracy under PD 532.
vessel, a passenger or member of the crew
of the vessel. On the other hand, if the piracy falls under
the RPC because it was committed in the
2 WAYS OF COMMITTING PIRACY IN high seas, persons who participated in the
PHILIPPINE WATERS: loot of the piracy or who harbor or conceal
(1) By seizing or attacking a vessel while in or help the pirates escape will be
the Philippine waters with intent to gain by accessories to the crime of piracy. The
means of violence or intimidation; crime committed by them is not abetting
(2) By taking away the belongings of a piracy but piracy itself.
member of a crew or passenger
So, under PD 532, the offender is a
Example: principal to the crime of abetting piracy
If in the course of the voyage of an although the nature of the act of
inter-island vessel, a passenger at the point participation is that of an accessory only
of a knife divested another passenger of his and the penalty imposed under the same
valuables, the former will be liable for piracy decree is only that of an accomplice.
in Philippine waters, not for robbery. PRESUMPTION: - any person who does
Q: What will be the crime committed if on any of the acts provided in this section has
the occasion of piracy in Philippine waters, performed them KNOWINGLY, unless the
only a person was killed by the pirates? contrary is proven.
- Crime will be piracy in Philippine waters
only. DISTINCTIONS BETWEEN PIRACY
"PHILIPPINE WATERS" refers to all bodies UNDER PD 532 AND RPC
of water around, between and connecting 1. Under the PRC, piracy can only be
each of the islands of the Philippine committed in the high seas - meaning to say
Archipelago, irrespective of its breadth, beyond the three mile limit of our territorial
depth, length, dimension, and all other waters, whereas under the decree piracy
waters belonging to the Philippines by can only be committed within Philippine
historic or legal title, including territorial sea, waters.
sea-bed, insular shelves, and other 2. Under the RPC, piracy is committed by
submarine areas over which the Philippines attacking or seizing the vessel or of any of
has sovereignty or jurisdiction. the cargo of personal belongings of the
"VESSEL" - any vessel or watercraft for passengers or complements of the vessel.
transport of passengers and cargo from one
place to another through Philippine waters. NOTE: An attack or seizure of the vessel
Includes all kinds and types of vessels or presupposes the employment of force but it
boats used in fishing. may be such degree of force that does not
amount to robbery. Under the decree, piracy
ANY PERSON WHO AIDS OR PROTECTS is committed not only by an attack or
PIRATES OR ABETS THE COMMISSION seizure of the vessel or cargo or personal
OF PIRACY SHALL BE CONSIDERED AS belongings of the passengers or members
AN ACCOMPLICE of its complement through the use of
violence and intimidation.

Example: 3. Piracy under RPC is committed by


1. Giving pirates information about the attacking or seizing a vessel, or by seizing
movement of police or other peace officers the whole or part of its cargo, its equipment
of the government; or personal belongings of its complement or
2. Acquires or receives property taken by passengers, while such modes under PD
such pirates or in any manner derives any 532 are accomplished by means of violence
benefit therefrom;
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against or intimidation of persons or force (1.) To compel a change in the course or


upon things. destination of an aircraft of Philippine
registry, while in flight; or
NOTE: Under the RPC, use of force upon (2.) To seize or usurp the control thereof,
things does not bring about piracy unless it while it is in-flight.
is an attack or seizure of the vessel or of the (3.) To compel an aircraft of foreign registry
passenger and their belongings or of the to land in Philippine territory; or
complement of the vessel. (4.) To seize or usurp the control thereof
To make the difference between piracy while it is within
under the RPC and piracy under the decree Philippine territory.
easier to understand, take note of the
following: AIRCRAFT IS IN FLIGHT
An aircraft is "IN FLIGHT" from the moment
NOTE: The essence of piracy under the all its external
decree is not alone the seizure or attack of doors are closed following embarkation until
the vessel but robbery committed on board any of such doors are opened for
a vessel while this is in Philippine waters. disembarkation.
Under the law, air piracy regarding an
The crime of robbery under TITLE 10 is international plane is committed if the
different from the crime of theft although offender compelled the plane to fly in
both crimes involve the taking of property. Philippine territory, seized or usurped it. If
So, if the taking of the cargo or personal the seizure or usurpation of an international
belongings of the passengers or plane, what is essential is that the plane
complements of the vessel amounts only to must be in Philippine territory.
theft, PD 532 will not apply. Without the use
of violence or intimidation of persons or NOTE: PROHIBITION IS ABSOLUTE
without the use of force upon things as this a. IF OFFENDER IS A JURIDICAL
is understood under Art. 299 of the RPC, PERSON - the penalty shall be imposed
the decree will not apply unless there is a upon the manager, representative, director,
seizure of the vessel or an attack upon the agent or employee who violated, or caused,
vessel. directed, cooperated or participated in the
Therefore, the taking must be with violation thereof;
violence and intimidation or with the use of b. IF VIOLATION IS COMMITTED IN THE
force upon things. If these are absent on the INTEREST OF A FOREIGN
taking, the crime is only theft. CORPORATION LEGALLY DOING
R.A. 6235 ACT TO PROHIBIT CERTAIN BUSINESS IN THE PHILIPPINES - penalty
ACTS INIMICAL TO CIVIL AVIATION shall be imposed upon its resident agent,
Although RA 6235 is commonly referred to manager, representative or director
as the hijacking law, strictly the acts responsible for such violation and in
punished if this law are not purely of addition thereto, the license of said
hijacking. corporation to do business in the Philippines
When we say hijacking, we generally shall be revoked.
associate the idea with that of compelling
the plane to land in a place other than its (1.) Section 4 - The shipping, loading or
scheduled destination. This, however, is not carrying of any substance or material in any
the only meaning of hijacking. cargo aircraft operating as a public utility
Hijacking generally refers to the taking of within the Philippines shall be not in
goods in transit through force. accordance with the regulations issued by
the Civil Aeronautics Adm.
TWO KINDS OF AIRCRAFT MAY BE
INVOLVED HERE: NOTE: PROHIBITION IS NOT ABSOLUTE
1. Domestic For any death or injury to persons or
2. International damage to property resulting from a
violation of Sects. 3 and 4, the person
PROHIBITED ACTS: responsible therefore may be held liable in
IF AIRCRAFT IS OF PHILIPPINE accordance with the applicable provision of
REGISTRY the RPC.
- Injury / damage -- not absorbed in that
crime.
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- Offenders may be prosecuted under the


RPC as well.

NOTE: Aircraft companies which operate as


public utilities or operators of aircraft which
are or hire are authorized to open and
investigate suspicious packages and
cargoes in the presence of the owner or
shipper, or his authorized representatives, if
present.

PURPOSE: To help the authorities in the


enforcement of the
provisions of this Act.
If the owner, shipper or his representative
refuses to have the same opened and
inspected, the airline or air-carrier is
authorized to refuse the loading thereof.

ART. 123- QUALIFIED PIRACY


Piracy is qualified if any of the following
circumstances is present, to wit:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the same;
or
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.
(SPECIAL COMPLEX CRIME)

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