CRIMES AGAINST

NATIONAL SECURITY
TITLE I

Atty. Leilani T. Lampazo-Moraña

 CRIMES AGAINST CRIMES AGAINST THE
NATIONAL SECURITY LAW OF NATIONS
1. INCITING TO WAR OR GIVING MOTIVES FOR
TREASON (ARTICLE 114)
REPRISALS (ARTICLE 118)
2. VIOLATION OF NEUTRALITY (ARTICLE 119)
CONSPIRACY AND PROPOSAL TO
3. CORRESPONDENCE WITH HOSTILE COUNTRY
COMMIT TREASON (ARTICLE 115)
(ARTICLE 120)
MISPRISION OF TREASON 4. FLIGHT TO ENEMY’S COUNTRY (ARTICLE 121)
(ARTICLE 116) 5. PIRACY IN GENERAL AND MUTINY ON THE HIGH
SEAS OR IN PHILIPPINE WATERS (ARTICLE 122)
ESPIONAGE (ARTICLE 117) 6. QUALIFIED PIRACY

Atty. Leilani T. Lampazo-Moraña

 DEFINITION
The violation by a subject of his
TREASON
ARTICLE 114
ALLEGIANCE to his sovereign or to the supreme
authority of the State.
(US vs. Abad, G.R. No. 976, October 22, 1902)

NATURE
Treason is a continuing crime. Even if the offender
commits several acts of the crime he can only be
charged with one count of Treason. All such acts
constitute a single offense.
(Reyes,, Revised Penal Code: Book Two, 2012, p.12) Atty. Leilani T. Lampazo-Moraña
 ELEMENTS
FA-WWE
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
b. adheres to the ENEMIES, giving them aid or
comfort within the Philippines or elsewhere (intent to
betray).

Atty. Leilani T. Lampazo-Moraña

 ALLEGIANCE
PERMANENT TEMPORARY
ALLEGIANCE ALLEGIANCE

is meant the obligation of fidelity and

obedience which the individuals owe to
the government under which they live or
to their sovereign, in return for the
protection they receive.
(Reyes, The RPC: Book Two, 2017, p.3)
The obligation of fidelity
and obedience which a
citizen or subject
owes to his government
or sovereign.
The obligation of fidelity
and obedience which a
resident alien owes to
our government. (Laurel
vs. Misa, G.R. No. 976,
October 22, 1902)

Atty. Leilani T. Lampazo-Moraña

 TWO WAYS OF COMMITTING TREASON

a. that there be an actual an act which strengthens or tends to

strengthen the enemy, and weakens or
assembling of men; and
tends to weaken the power of the
b. for the purpose of executing traitor’s country, in the conduct of war
at reasonable design by force. between them. (Cramer vs. US, 65 Sup.
Ct. 918)
ADHERENCE TO THE ENEMIES, GIVING
LEVYING WAR THEM AID OR COMFORT

Atty. Leilani T. Lampazo-Moraña

 TWO WITNESS RULE
Testimony of two witnesses, at least, to the same
overt act. It is sufficient that the witnesses are
uniform in their testimony on the overt act. It is not
necessary that there be corroboration between
TWO WAYS OF them. (People vs. Concepcion, G.R. No.L–1553,

PROVING TREASON October 25, 1949)

CONFESSION OF GUILT OF ACCUSED

The confession in open court, upon which a defendant
may be convicted of treason is a confession of guilt.
The section cannot be extended so as to include
admissions of fact, from which his guilt may be
inferred, made by the defendant in giving his
testimony after a plea of not guilty. (U.S. vs. Magtibay,
G.R. No. 1317. November 23, 1903)

Atty. Leilani T. Lampazo-Moraña

a) Duress and fear of immediate death;
(People vs. Bagalawis, G.R. No. L–262, March 29,
1947) and
B) OBEDIENCE TO A DE FACTO GOVERNMENT.
DEFENSES NOT ALLOWED
DEFENSES ALLOWED
a) Suspended allegiance;
b) Change in sovereignty; and
c) Loss of citizenship by joining the army of the
enemy.
(People vs. Manayao, G.R. No. L–322. July 28, 1947)

1. EVIDENT PREMEDITATION
2. SUPERIOR STRENGTH
CIRCUMSTANCE
3. TREACHERY INHERENT IN TREASON
1. Cruelty
2. Ignominy
AGGRAVATING 3. Gravity of separate distinct acts of treason

CIRCUMSTANCES 4. Amount or degree of aid

(Reyes, The Revised Penal Code: Book Two, 2017, p. 16)

Atty. Leilani T. Lampazo-Moraña


q: X furnished women to the enemy.
Does the act constitute treason?
NO. Commandeering of women to
satisfy the lust of the enemies or to
enliven the entertainment held in their
honor was NOT treason even though the
women and the entertainments helped
to make life more pleasant for the
enemies. (People v. Perez, G.R. No. L-
856, 18 Apr. 1949)
A was charged with the crime of treason. In
his defense, he asserts that he can no longer be
prosecuted for treason since he already lost his
Filipino citizenship under C.A. No. 63(3), (4),
and (6), which provides that “…a Filipino may
lose his citizenship by accepting commission in
the military, naval, or air service of a foreign
country…” when he joined the Japanese armed
forces. Is his defense tenable?
NO. A cannot divest himself of his
Philippine citizenship by the simple
expedient of accepting a commission in
the military, naval, or air service of such
country. If such contention could be
sustained, the very crime would be the
shield that would protect him from
punishment. People v. Manayao, G.R. No.
L-322, 28 July 1947)
 CONSPIRACY AND PROPOSAL TO
COMMIT TREASON (ARTICLE 115)
CONSPIRACY TO COMMIT PROPOSAL TO COMMIT
is committed when in time of war, two or more persons is committed when in time of war a person who has
come to an agreement to levy war against the decided to levy war against the Government or to
Government or to adhere to the enemies and to give adhere to the enemies and to give them aid or
them aid or comfort, and decide to commit it. (Arts. 8 comfort, proposes its execution to some other person
and 114) or persons. (Arts. 8 and 114)

ELEMENTS (WAD) ELEMENTS (WADPRO)

1. There is a WAR in which the Philippines is involved;
2. At least two persons come to an AGREEMENT to –
a. levy war against the government; or
b. adhere to the enemies, giving them aid or comfort;
and 3. They DECIDE to commit it.
1. There is a WAR in which the Philippines is involved;
2. At least one person DECIDES to – a. levy war against
the government; or b. adhere to the enemies, giving them
aid or comfort;
3. He PROPOSES its execution to some other persons.

Atty. Leilani T. Lampazo-Moraña

 DOCTRINE OF
ABSORPTION
p o sa l to If actual acts of treason are
i r a c y a n d p r o
a l r u le , co n sp committed after the
As a ge n e r t . 8 ). A rt.
u n is h a bl e (A r
l o n y is n o t p conspiracy or proposal, the
comm it a f e n a liz e s
p e ci fic a ll y p e
e p t io n a s i t s crime committed will be
115 is a n e x c s o n . T he
c o m m it t re a
d p r o p o s a l t o treason, and the conspiracy or
y a n
conspirac v e r y e xis t en c e of
n tre a so n th e proposal is considered as a
is t h a t i
reason y e s, T h e R e v is e d
d a n ge r e d . (R e means in the commission
at e is e n
the st , p .1 9 )
k T w o , 2 0 1 7 thereof.
d e : B o o
Penal Co
 DEFINITION MISPRISION OF
A Filipino citizen obtains knowledge of conspiracy TREASON
to commit treason against the government but ARTICLE 116
he conceals or does not disclose and make
known such matters to proper authorities.
ELEMENTS (KFC)
1. OFFENDER IS A FILIPINO CITIZEN;
NATURE 2. HE HAS KNOWLEDGE OF ANY
CONSPIRACY TO COMMIT TREASON
AGAINST THE GOVERNMENT; AND
Misprision of treason is a felony by omission. It is committed by 3. HE CONCEALS OR DOES NOT
the failure to do an act required by law. However, it is DISCLOSE AND MAKE KNOWN THE SAME
committed by means of dolo or intent. Note the words “ he AS SOON AS POSSIBLE TO THE
conceals or does not disclose and make known his knowledge” GOVERNOR OR FISCAL OF THE PROVINCE
x x x as soon as possible. The offender shall be punished as an IN WHICH HE RESIDES, OR THE MAYOR OR
FISCAL OF THE CITY IN WHICH HE RESIDES.
accessory to the crime of treason.
Atty. Leilani T. Lampazo-Moraña
 DEFINITION
ESPIONAGE
ARTICLE 117

the offense of gathering transmitting, or

NATURE
losing information respecting the national
defense with intent or reason to believe Espionage is a formal crime. There is no crime
that the information is to be used to the such as attempted espionage or frustrated
injury of the Republic of the Philippines or espionage.
(Reyes,, Revised Penal Code: Book Two, 2012, p.12)
to the advantage of any foreign nation.
(Reyes, The Revised Penal Code: Book
Two, 2006, p.22)

Atty. Leilani T. Lampazo-Moraña

TWO WAYS OF COMMITTING ESPIONAGE

By any person who, without By a public officer, who shall

authority therefor, shall enter a disclose to a representative of
warship, fort or naval or military a foreign nation the contents of
establishment or reservation to
articles, data or information of
obtain any information, plans,
a confidential nature relative to
photographs or other data of a
the defense of the Philippines,
confidential nature relative to the
which is in his possession by
defense of the Philippines.
reason of his office.

Atty. Leilani T. Lampazo-Moraña

 ELEMENTS
WAO
A. The offender enters a WARSHIP,
fort, or naval or military establishment
or reservation;
B. He has No AUTHORITY therefor;
and
C. The purpose of entry is to OBTAIN
information, plans, photographs, or
other data of a confidential nature
relative to the defense of Philippines.
Atty. Leilani T. Lampazo-Moraña
P2D
a. The offender is a PUBLIC
officer;
b. He has in his POSSESSION
the articles, data or information
referred to Art. 117(1), by reason
of the public office he holds; and
c. He DISCLOSES their contents
to a representative of a foreign
nation.

Espionage can be
committed in times of war
and in times of peace as
Sec. 2 of Act No. 616, which
punishes Espionage and
other offenses against the
National Security provides:
“If committed in time of war,
the penalty is death (now RP
to death) or imprisonment
for more than 30 years.”
TAKE NOTE:
Espionage in the first mode is
consummated by entering any of
the enumerated establishment as
long as the purpose of the
offender is to obtain any of those
materials which are vital to the
defense of the country. It is not
necessary that information have
been obtained. It is sufficient that
he has the intention to obtain
information when he entered a
warship, fort, or naval or military
establishment.
The concept of espionage may
be embraced within the legal
contemplation of treason.
Disclosing confidential military
information by a public officer to
a representative of a foreign
nation is espionage. But
disclosing such information in
adherence to an enemy in times
of war constitutes treason and
not espionage. (Campanilla,
Criminal Law, 2019, pp. 8-9)
Other acts of espionage under CA 616
(An act to punish espionage and other
offenses against national security)
1. Unlawfully obtaining or permitting to
be obtained information affecting
national defense
2. Unlawful disclosing of information
affecting national defense
3. Disloyal acts or words in times of peace
4. Disloyal acts or words in times of war
5. Conspiracy to violate preceding the
above acts
6. Harboring or concealing violators of
the law
If the offender is not the custodian of
the documents mentioned in the
second mode of Espionage, the crime
to be charged would be Violation
under CA 616 if he discloses
information relative to the defense of
the country. If the information
disclosed to a representative of a
foreign nation does not relate to the
defense of the Philippines and the
offender is the custodian thereof, he
is liable for Infidelity in the Custody of
Public Records. (Chapter Five, Section
Two, RPC)
 ESPIONAGE VS. TREASON
AS TO CITIZENSHIP

Both crimes are not conditioned by the citizenship of the offender.

AS TO CITIZENSHIP

May be committed both in time of peace and in war. Committed only in time of war.

AS TO MANNER OF COMMISSION

Committed in two ways:

May be committed in many ways. (1) levying war and
(2) adhering to enemies, giving them aid or comfort.
 INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ARTICLE 118

DEFINITION ELEMENTS (PPE)

is committed by any public officer or
employee or any private individual who
by unlawful or unauthorized acts,
provokes or gives occasion for a war
involving or liable to involve the Philippine
or exposes Filipino citizens to reprisals on
their persons of property.
1. That the offender PERFORMS unlawful
or unauthorized acts;
2. That such acts:
a. PROVOKE or give occasion for a war
involving or liable to invoke the Philippines; or
b. EXPOSE Filipino citizens to reprisals on
their persons or property.

Atty. Leilani T. Lampazo-Moraña

 VIOLATION OF NEUTRALITY
ARTICLE 119
1. That there is a war in which
Philippines is Not involved;
2. That there is a Regulation issued
by competent authority for the
purpose of enforcing neutrality; and
3. That the offender Violates such
regulation.
Atty. Leilani T. Lampazo-Moraña
CORRESPONDENCE WITH
HOSTILE COUNTRY
ARTICLE 120COUNTRY
1. That it is made 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; and
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.
 ELEMENTS (WAAP) FLIGHT TO ENEMY’S
COUNTRY
ARTICLE 121
1. THERE IS WAR IN WHICH THE
PHILIPPINES IS INVOLVED; NATURE
2. THE OFFENDER OWES ALLEGIANCE
TO THE GOVERNMENT; This is a formal crime. There is no
3. THE OFFENDER ATTEMPTS TO FLEE attempted nor frustrated stage.
OR GO TO AN ENEMY COUNTRY; AND The crime is consummated by
4. GOING TO THE ENEMY COUNTRY IS
mere attempt.
PROHIBITED BY COMPETENT
AUTHORITY.

Atty. Leilani T. Lampazo-Moraña

 PIRACY
ARTICLE 122
it is the crime committed by any person who, on the
high seas or in Philippine waters, shall attack or seize
a vessel or, not being a. Member of its complement
nor a passenger, shall seize the whole or part o the
cargo of the said vessel, its equipment, or personal
belongings of its complement or passengers.

Under P.D. 532, piracy is an attack on a vessel on the

high seas by any person including its complement or
passengers for the same purposes.

Atty. Leilani T. Lampazo-Moraña

 ELEMENTS
(VOAS)
The offender’s
The Offenders either
Vessel is on are Not a. Attack or seize the
vessel; or
high seas or members of its b. Seize the whole or
part of the cargo, or
Philippine complement or
passengers of
its equipment, or
personal belongings of
waters; the vessel; the crew or
passengers.

Atty. Leilani T. Lampazo-Moraña

 TWO WAYS/MODES
OF COMMITTING
PIRACY
1. By attacking or seizing a vessel on
the high seas or in Philippine waters;
and
2. By seizing in the vessel while on the
high seas or in the Philippine waters
the whole or part of its cargo, its
equipment, or personal belongings or
its complement or passengers.
Atty. Leilani T. Lampazo-Moraña
THREE KINDS OF
PIRACY:
1. Piracy in the high or open seas
(RPC);
2. Piracy in the Philippine waters (P.D.
No. 532 as amended by R.A. No. 7659,
the Heinous Crime Law);
3. Air Piracy (under R.A. No. 6235)
Atty. Leilani T. Lampazo-Moraña
 Compelling the pilot of an aircraft of Philippine
registry to change course or destination or
otherwise usurping or seizing control while it is in
flight.

Compelling an aircraft of foreign registry to land in

any part of Philippine territory or usurping or
seizing control of such, while it is within Philippine
territory. (There is no requirement that it be in
flight.)

Acts punished under Carrying or loading on board a passenger aircraft

operating as a public utility in the Philippines,
RA 6235 substances which are corrosive, flammable,
explosive, or poisonous.

ANTI- HIJACKING LAW Shipping or loading such substances (referred in No.

3 above) on a cargo aircraft operating as a public
utility in the Philippines in a manner not in
accordance with the rules and regulations issued by
the Air Transportation Office (ATO).

Atty. Leilani T. Lampazo-Moraña

 01.
Firing upon the pilot,
crew, or passenger;

QUALIFYING Exploding or attempting to

CIRCUMSTANCE 02. explode any bomb or

explosive to destroy the
aircraft; or

(applicable only on Crimes Mentioned in No. 1 and

2 under Anti Hijacking Law.) The crime is accompanied

03. by murder, homicide,

serious physical injuries,
or rape.

Atty. Leilani T. Lampazo-Moraña

ABETTING PIRACY (PD 532)
Gives pirates information about
the movement of peace officers
of the government;

Acquires or receives property taken

by the pirates or devices any benefit
from it;

Directly or indirectly abets the

commissionthereof.
Atty. Leilani T. Lampazo-Moraña
 Article 123
QUALIFIED PIRACY
1 2 3
Whenever the Whenever the pirates Whenever the crime is
offenders have seized have ABANDONED their accompanied by
a vessel by victims without means of MURDER, PHYSICAL
saving themselves; INJURIES, HOMICIDE OR
BOARDING or firing
or RAPE
upon the same;

BAMPiHRa
Atty. Leilani T. Lampazo-Moraña