TITLE

CRIMES
AGAINST THE
NATIONAL
SECURITY AND
LAW OF NATION

1
 _____________________

ART. 114. TREASON. — Any person who, owing allegiance to

(the United States or) the Government of the Philippine
Islands, not being a foreigner, levies war against them or
adheres to their enemies, giving them aid or comfort within the
Philippine Islands or elsewhere, shall be punished by reclusion
temporal to death and shall pay a fine not to exceed P20,000
pesos.

No person shall be convicted of treason unless on the

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

Likewise, an alien, residing in the Philippine Islands,

who commits acts of treason as defined in paragraph 1 of this
Article shall be punished by prision mayor to death and shall
pay a fine not to exceed P20,000 pesos. (As amended by E.O.
No. 44, May 31, 1945).

__________________

ELEMENTS OF TREASON:

1. That the offender is a Filipino citizen or an alien

residing in the Philippines
2. That there is a war in which the Philippines is
involved
3. That the offender either

a. Levies war against the government or

b. Adheres to the enemies giving them aid or
comfort.

2
Two Ways or Modes of Committing Treason:

1. By levying against the government

2. By adhering to the enemies of the Philippines,
giving them aid or comfort.

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

ALLEGIANCE, defined
- the obligation of fidelity and obedience which the
individual owe to the government under which they
live or to their sovereign, in return for the protection
they receive. (allegiance is either permanent or
temporary)

LEVIES WAR, Defined

- requires the concurrence of two things: (1) that there be
an actual assembling of men, (2) for the purpose of
executing a treasonable design by force

ADHERENCE TO THE ENEMY, Defined

- it means intent to betray. There is adherence to the

enemy when the citizen intellectually or emotionally
favors the enemy and harbors sympathies or conviction
disloyal to his country’s policy and interest.

“AID OR COMFORT,” Defined

- an act which strengthens or tends to strengthen the
enemy in the conduct of war in the traitor’s country and
the act which weakens or tends to weaken the power of
the traitor’s country to resist or attack the enemy.
-

3
 __________________

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 P10,000 pesos, and prision
correccional and a fine not exceeding P5,000 pesos.

_________________

P0INTS TO REMEMBER

 Mere agreement and decisions to commit

treason is punishable
 Mere proposal even without acceptance is
punishable too. If the other accepts, it is already
conspiracy.
 While Treason as a crime should be established
by the two-witness rule, the same is not
observed when the crime committed conspiracy
to commit treason or when it is only a proposal
to commit treason.

________________________

ART. 116. MISPRISION OF TREASON. — Every person owing

allegiance to (the United States) the Government of the
Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, 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.

_____________________

4
ELEMENTS:

1. That the offender must be owing allegiance to the

government and not a foreigner.
2. That he has knowledge of any conspiracy (to
commit treason against the government.)
3. That he 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.

POINTS TO REMEMBER:

 Offender will be punished as an accessory to the

crime of treason
 This crime does not apply if the crime of treason is
already committed
 This is a felony by omission although committed
with dolo, not with culpa.
 “To report within a reasonable time” – depends on
time, place and circumstance – the RPC did not fix
time.

5
 ___________________

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 a
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.

3. The penalty next higher in degree shall be imposed if the

offender be a public officer or employee.
______________________

TWO WAYS OF COMMITTING ESPIONAGE UNDER

ART. 17

1. By entering without authority therefore, 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:
1. That the offender enters any of the places
mention therein
2. That he has no authority therefore

6
 3. That his purpose is to obtain information, plans,
photographs or other data of confidential nature
relative to the defense of the Philippines

POINTS TO REMEMBER:

 Under the first mode of committing espionage, the

offender must have the intention to obtain
information relative to the defense of the PHIL. It is
sufficient the entered the prohibited premises. Here,
the offender is any private individual, whether an
alien or a citizen of the Philippines, or a public
officer.

2. By disclose to the representatives of a foreign nation the

contents of the articles, data or information referred to
in photograph No. 1 of Art. 117, 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 article, data
or information referred to in paragraph No.
of Art. 117, by reason of the public office he
holds
c. That he disclose their contents to a
representative of a foreign nation.

POINTS TO REMEMBER:
 Under the second mode, the offender
must be a public officer who has in
possession the articles, data or
information by reason of the office he
holds. Taking advantage of his official
position, he reveals or discloses the

7
 information which are confidential and
are relevant to the defense of the
Philippines.

 ESPIONAGE: 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.

 Not necessary that Philippines is at war

with the country to which the
information was revealed. What is
important is that the information related
is connected with the defense system of
the Philippines.

 Wiretapping is NOT espionage if the

purpose is not something connected with
the defense

8
 _______________________

ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR

REPRISALS.— The penalty of reclusion temporal shall be
imposed upon any public officer or employee, and that of
prision mayor upon any private individual, who, by unlawful
or unauthorized acts provokes or gives occasion for a war
involving or liable to involve the Philippine Islands or exposes
Filipino citizens to reprisals on their persons or property.
_____________________

ELEMENTS:

1. That the offender performs unlawful or unauthorized

acts.
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.

POINTS TO REMEMBER:

 Crime is committed in time of peace;

intent is immaterial

 In Inciting to war – offender is any person

 Reprisals is not limited to military action, it

could be economic reprisals, or denial of
entry into their country.

EXAMPLE. X burns Chinese flag. If

China bans the entry of Filipinos into China,
that is already reprisal.

9
 ________________________

ART. 119. VIOLATION OF NEUTRALITY.— The penalty of

prision correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not involved,
violates any regulation issued by competent authority for the
purpose of enforcing neutrality.

_____________________

ELEMENTS:

1 That there is a war in which the Philippines is

not involved
2 That there is a regulation issued by competent
authority for the purpose of enforcing neutrality
3 That the offender violates such regulation

POINTS TO REMEMBER:

 Gov’t must have declared the neutrality

of the Phil in a war between 2 other
countries

 The regulation must be issued by a

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.

 Congress has the right to declare

neutrality
 Violation of neutrality can be committed
through reckless imprudence.

10
 ___________________

ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY.

— Any person who in time of war, shall have correspondence
with an enemy country or territory occupied by enemy troops
shall be punished:

1. By prision correccional, if the correspondence has been

prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in

ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given

thereby which might be useful to the enemy. If the offender
intended to aid the enemy by giving such notice or
information, he shall suffer the penalty of reclusion
temporal to death.

_____________________

ELEMENTS:

1. That it is in time of war in which the Philippines is

involved
2. That the offender makes correspondence with an
enemy country or territory occupied by enemy
troops
3. That the correspondence is either;

a. Prohibited by the government

b. Carried on in ciphers or conventional signs or
c. Containing notice or information which might
be useful to the enemy

11
POINTS TO REMEMBER:

 Hostile country exists only during hostilities or after

the declaration of war
 Correspondence to enemy country – correspondence
to officials of enemy country – even if related to the
perpetrator.
 It is NOT correspondence with private individual in
enemy country
 If ciphers were used, no need for prohibition
 If ciphers were not used, there is a need for
prohibition
 In any case, it must be correspondence with the
enemy country
 Doesn’t matter if correspondence contains innocent
matters – if prohibited, punishable.

_____________________

ART. 121. FLIGHT TO ENEMY COUNTRY. — The penalty of

arresto mayor shall be inflicted upon any person who, owing
allegiance to the Government, attempts to flee or go to an
enemy country when prohibited by competent authority.

_____________________

ELEMENTS:
1. That there is a war in which the Philippines is
involved
2. That the offender must be owing allegiance to the
government

12
 3. That the offender attempts to flee or go to enemy
country
4. That going to enemy country is prohibited by
competent authority

POINTS TO REMEMBER

 An alien resident may be guilty of flight to

enemy country
 Mere attempts to flee or go to enemy country
consummates the crime
 The flight must be prohibited by the
government or by its competent authority, in
the absence of such prohibition, this crime
cannot be committed.

___________________

ART. 122. PIRACY IN GENERAL AND MUTINY ON THE

HIGH SEAS. — The penalty of reclusion temporal shall be
inflicted upon any person who, on the high seas, shall attack
or seize a vessel or, not being a member of its complement 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.

The same penalty shall be inflicted in case of mutiny on the

high seas.

___________________

13
Two ways or modes or committing piracy;

1. By attacking or seizing a vessel on the

high seas or in the Philippines waters
2. By seizing in the vessel while on the high
seas or in Philippines waters the whole or
part of its cargo, its equipment or
personal belongings its complements or
passengers.

ELEMENTS;
1. That a vessel is on the high seas or in Philippines
waters
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offender attack or seize the vessel or seize
the whole or part of the cargo of said vessel, its
equipment or personal belongings of its
complement or passengers.

PIRACY MUTINY
Robbery or forcible Unlawful resistance to a superior
degradation on the high seas, officer, or the raising of commotion
without lawful authority and and disturbances on board a ship
done with animo lucrandi and against the authority of its
in the spirit and intention of commander
universal hostility.
Intent to gain is an element. No criminal intent
Attack from outside. Attack from the inside.
Offenders are strangers to the
vessel.

14
ELEMENTS OF MUTINY
1. The vessel is on the high seas or Philippine waters;
2. Offenders are either members of its complement, or
passengers of the vessel;
3. Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its
equipment, or personal belongings of the crew
or passengers.

POINTS TO REMEMBER:

 Piracy is robbery or forcible depredation on the

high seas, without lawful authority and done
with animo furandi and in the spirit and
intention of universal hostility.
 Mutiny is the unlawful resistance to a superior
officer, or the raising of commotion and
disturbance on board a ship against the
authority of its commander.
 If offenders are members of the crew or are
passengers of the same ship, no piracy is
committed but it is ROBBERY ON THE HIGH
SEES
 In mutiny, where there is an unlawful resistance
to a superior officer, the offenders are not
outsiders or strangers. They come from a crew or
passengers.

15
 _____________________

ART. 123. QUALIFIED PIRACY. — The penalty of reclusion

temporal to death shall be imposed upon those who commit
any of the crimes referred to in the preceding article, under any
of the following circumstances:

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
___________________

Republic Act No. 6235 (The Anti Hi-Jacking Law)

- anti hi-jacking is another kind of piracy which is
committed in an aircraft. In other countries, this
crime is known as aircraft piracy.

Four situations governed by anti hi-jacking law:

1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight,
compelling the pilots thereof to change the
course or destination of the aircraft;
2. usurping or seizing control of an aircraft of
foreign registry while within Philippine
territory, compelling the pilots thereof to land in
any part of Philippine territory;
3. carrying or loading on board an aircraft
operating as a public utility passenger aircraft in
the Philippines, any flammable, corrosive,
explosive, or poisonous substance; and
4. loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in the

16
 Philippines, any flammable, corrosive,
explosive, or poisonous substance if this was
done not in accordance with the rules and
regulations set and promulgated by the Air
Transportation Office on this matter.

POINTS TO REMEMBER:
 Vessel includes any vessel or watercraft used for
the transport of the passengers and cargo from
one place to another through Philippine waters.
It shall include also all kinds and types of vessels
or boats used in fishing.

 Any person who aids or protects pirates or abets

the commission of piracy shall be consider as an
accomplice.

17