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 Crimes

against National Security

-those which can be tried only in the Philippines. The acts against national security may be committed abroad and still be punishable under our law, but it cannot be tried under foreign law.

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These are: Treason; Conspiracy and proposal to commit treason; Misprision of treason; and Espionage.

 Crimes

against the Law of Nations

-those which can be prosecuted anywhere in the world because these crimes are considered crimes against humanity. These are: Inciting to war or giving motives for reprisals; Violation of neutrality; Correspondence with hostile country; Flight to enemy's country; Piracy in general and mutiny on the high seas; and Qualified piracy and mutiny.


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I. Treason
- It is a breach of allegiance to a government, committed by a person who owes allegiance to it.

Allegiance: - It is the obligation of fidelity and obedience, which one owes to the government under which he lives, in return for the protection he receives.

 .  if Filipino citizen. the crime must be committed within the Philippines. if alien.Elements: 1. the crime may be committed within or outside the Philippines.Offender is a Filipino citizen or an alien residing in the Philippines.

But as soon as war arises.  treason is a war crime.  formal declaration of the existence of a state of war is not necessary.2. It is punished by the state as measure of self-defense and selfpreservation. it is relentlessly put into effect. . It remains dormant until the emergency arises.There is a war in which the Philippines is involved.

3. .  in collaboration with a foreign enemy.  the levying of war must be with intent to overthrow the government. Offender either – a. Levies war against the government:  that there be actual assembling of man.  for the purpose of executing a treasonable design by force.

Conversely. without giving aid or comfort to the enemy. The two must concur together. aid or comfort alone. Adherence alone. Adheres to the enemies by giving them aid or comfort. without adherence. is not sufficient to constitute treason. It is present when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest. is not treason.b.  Adherence to the enemy means intent to betray.  .

A mere expression of opinion does not constitute an act of treason. Aid or comfort means any act which strengthens or tends to strengthen the enemy of the government in the conduct of war against the government or an act which weakens or tends to weaken the power of the government to resist or to attack the enemies of the government.   The extent of aid and comfort to the enemies must be to render assistance to them as enemies and not merely as individuals and in furtherance of the enemies’ hostile designs. It must be a deed or physical activity and it must be intentional. .

place and moment of time. The testimonies must refer to the same act. two witnesses must also testify to each part of the overt act.  If the overt act is separable. Two‐witness rule – The testimony of two witnesses is required to prove the same overt act of giving aid or comfort.  .Ways of Proving Treason: 1.  It is sufficient that the witnesses are uniform in their testimony on the overt act. it is not necessary that there be corroboration between them on the point they testified.

2. .  The confession means pleading guilty in open court that is before the judge while actually hearing the case. Confession of the accused in open court. Extrajudicial confession or confession made before the investigators is not sufficient to convict a person of treason.

two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort. Conspiracy to Commit Treason -is committed when in time of war. . and decide to commit it . Conspiracy and Proposal to Commit Treason A.II.

B. proposes its execution to some other person or persons.  These are exceptions to the general rule provided in Article 8. . The reason is that in treason the very existence of the state is endangered. Proposal to Commit Treason -is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and give them aid and comfort.

He has knowledge of a conspiracy to commit treason against the said government. Misprision of Treason Elements: 1. . The offender must be owing allegiance to the government of the Philippines.III. 2. and He conceals or fails to disclose the same to the authorities in which he resides. The offender is a Filipino. 4. 3.

The offender is principal in the crime of misprision of treason although his penalty is that of an accessory to the crime of treason.  . It does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority.

IV. . or losing information respecting the national defense with intent.  It may be committed in times of peace and in war. or there is reason to believe that information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. transmitting. Espionage -is the offense of gathering.

photographs or other data relative to the defense of the Philippines. That the offender (a Filipino or a resident agent) enters any of the places mentioned therein . Elements: a. without authority. Two Modes of Committing Espionage under RPC: 1. a warship. . fort or military or naval establishments or reservation to obtain any information. By entering. That his purpose is to obtain information. c. b. plans. plans or other data of confidential nature relative to the defense of the Philippines. That he has no authority therefore .

whether a citizen or a foreigner.   . It is not necessary that information is obtained. The offender must have the intention to obtain information relative to the defense of the Philippines. It is sufficient that he has purpose to obtain any of them when he entered in the places mentioned. a private individual or a public officer. The offender is any person.

No.2. That the offender is a public officer. 117. . 1 of 117 which he had in his possession by reason of the public office he holds. by reason of the public office he holds. Elements: a. c. That he has in possession the articles. That he discloses their contents to a representative of a foreign nation . data or information referred in paragraph 1 of Art. b. By disclosing to the representative of a foreign nation the contents of the articles data or information referred to in par.

A.  Conspiracy to violate any of the said acts.  Disloyal acts in time of peace.Other Acts of Espionage under C.  Photographing from aircraft of vital military information. .  Disloyal acts in time of war.  Harboring or concealing violators of the law. 616  Unlawful obtaining of information relative to the defense of the Philippines or to the advantage of any foreign nation.  Unlawful disclosing of information relative to the defense of the Philippines.

Inciting to War or Giving Motives for Reprisal Elements: a. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose the Filipino citizens to reprisals on their persons and property .V. Offender performs unlawful or unauthorized acts b.

It could be economic reprisals or denial of entry into their country . directly or indirectly. Reprisal-It is any kind of forcible or coercive measure whereby one State seeks to exercise a deterrent effect or to obtain redress or satisfaction. Reprisal is resorted to for the purpose of settling a dispute or redressing a grievance without going to war.  Reprisals are not limited to military action.  . for consequences of the illegal acts of another State which has refused to make amends for such illegal conduct.

There is a war in which the Philippines is not involved .VI. Violation of Neutrality Elements: a. Offender violates such regulation. b. . A regulation is issued by a competent authority to enforce neutrality . c.

  . during a war between different countries in which the Philippines is not taking sides. It is a status created under international law. takes no part in the dispute but continues peaceful dealings with the belligerents. Neutrality -is a condition of a nation that. in times of war. by means of a stand on the part of a State not to side with any of the parties at war . The regulation must be issued by competent authority like the President of the Philippines or the Chief of Staff of the Armed Forces of the Philippines.

2. Prohibited by the Government b. Correspondence is either – a. Containing notice or information which might be useful to the enemy or intended by the offender to aid the enemy . Correspondence with Hostile Country Elements: 1.VII. 3. Carried on in ciphers or conventional signs c. There is war in which the Philippines is involved. Offender makes correspondence with the enemy country or territory occupied by enemy troops.

if the correspondence is prohibited by the government. it is punishable because of the possibility that the information useful to the enemy might be revealed unwittingly. Correspondence-it is communication by means of letters or it may refer to the letters which pass between those who have friendly or business relations . Even if the correspondence contains innocent matters. not correspondence with private individuals in the enemy country.  .  It contemplates correspondence to officials of the enemy country.

d. Existence of war in which the Philippines is involved . Offender attempts to flee or go to the enemy country . Going to enemy country is prohibited by competent authority. b. Offender owes allegiance to the Philippines. .VIII. Flight to Enemy’s Country Elements: a. c.

 The offender may be Filipino citizens or resident aliens because Art. An alien resident may be held guilty for this crime because he owes allegiance to the Philippines. Mere attempt to flee to enemy country when prohibited by competent consummates the felony. There must be prohibition by competent authority. there is no crime. 121 contemplates both permanent and temporary allegiance.   . If there is none. even if one went to an enemy country.

its equipment or personal belongings of its complement or passengers. Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. Piracy– it is robbery or forcible depredation on the high seas. Acts punished as piracy: 1. . without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. Attacking or seizing a vessel on the high seas or in Philippine waters. 2.IX. Piracy in General and Mutiny in the High Seas  A.

There is intent to gain. 3.Elements: 1. 4. attack or seize a vessel on the high seas or in Philippine waters. Offenders either – a. Offenders are neither members of its complement nor passengers of the vessel. seize in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. . The vessel is on the high seas or Philippine waters. or b. 2. its equipment or personal belongings of its complement or passengers.

 B. seize the whole or part of the cargo. or b.Offenders either – a. 2. or passengers of the vessel. its equipment. or the raising of commotions and disturbances on board a ship against the authority of its commander. 3. . Offenders are either members of its complement. or personal belongings of the crew or passengers. attack or seize the vessel. The vessel is on the high seas or Philippine waters. Elements: 1. Mutiny – the unlawful resistance to a superior.

3. As to origin of attack In mutiny. the attack comes from the outside. .Distinction between mutiny and piracy 1. In piracy. the attack comes from the inside.As to offenders Mutiny is committed by members of the complement or the passengers of the vessel. there is no criminal intent. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. 2.As to criminal intent In mutiny. the criminal intent is for gain. In piracy.

or b. attack or seize the vessel. .. Offenders either – a. Qualified Piracy Elements: 1.X.Offende must be members of its passengers of the vessel. complement. or personal belongings of the crew or passengers.seize the whole or part of the cargo. its equipment. The vessel is on the high seas or Philippine waters: 2. or 3.

whenever the pirates have abandoned their victims without means of saving themselves. whenever they have seized a vessel by boarding or firing upon the same. physical injuries or rape. . The preceding were committed under any of the following circumstances: a. whenever the crime is accompanied by murder.4. or c. homicide. b.

or b. 2. . Offenders are either members of complement. its equipment. seize the whole or part of the cargo. Qualified Mutiny Elements: 1. or personal belongings of the crew or passengers. The vessel is on the high seas or Philippine waters. its 3. Offenders either – a. attack or seize the vessel. or passengers of the vessel.

When the offenders abandoned the victims without means of saving themselves. . When the mutiny is accompanied by rape.4. murder. or b. homicide. The preceding were committed under any of the following circumstances: a. or physical injuries.

that is. outside Philippine territorial waters. . punishing piracy.Originally. the crimes of piracy and mutiny can only be committed in the high seas. Thus came about two kinds of piracy: (1) that which is punished under the Revised Penal Code if committed in the high seas. 532 (The Anti-Piracy and AntiHighway Robbery Law of 1974) was issued. and (2) that which is punished under Presidential Decree No. in Philippine territorial waters. but not mutiny. 532 if committed in Philippine territorial waters. . Presidential Decree No. But in August 1974.

as well as mutiny. pro tanto superseding Presidential Decree No. whether committed in the high seas or in Philippine territorial waters. piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel irrespective of venue. under the amended article. So if a passenger or complement of the vessel commits acts of robbery in the high seas. 532. and the penalty has been increased to reclusion perpetua from reclusion temporal. . 532. not piracy. But while under Presidential Decree No.Amending Article 122. including a passenger or member of the complement of a vessel. the crime is robbery. thus. 7659 included therein piracy in Philippine waters. the article now punishes piracy. Republic Act No. As amended. piracy in Philippine waters could be committed by any person.

or in any manner derives any benefit therefrom. Also. it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. . such as giving them information about the movement of the police or other peace officers of the government. or acquires or receives property taken by such pirates. the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. 532.Section 4 of Presidential Decree No. Said section penalizes any person who knowingly and in any manner aids or protects pirates. or who directly or indirectly abets the commission of piracy.

But if the taking is without violence or intimidation on persons of force upon things. Considering that the essence of piracy is one of robbery. cannot be committed on board a vessel. 532. any taking in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy. Robbery.This provision of Presidential Decree No. It cannot coexist with the crime of robbery. Apparently. but only theft. there is still the crime of abetting piracy in Philippine waters under Presidential Decree No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. Neither may it be considered repealed by Republic Act No. the crime of piracy cannot be committed. 7659 since there is nothing in the amendatory law is inconsistent with said section. therefore. .

and (4) loading. or poisonous substance. compelling the pilots thereof to change the course or destination of the aircraft. 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. or transporting on board a cargo aircraft operating as a public utility in the Philippines.Anti Hi-Jacking Law Anti hi-jacking is another kind of piracy which is committed in an aircraft Four situations governed by anti hi-jacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight.  (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory. any flammable. 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. explosive. shipping. corrosive. any flammable. explosive. . corrosive.

the aircraft must be in flight. whatever crimes committed shall be governed by the Revised Penal Code. If not in flight. Between numbers 1 and 2. the anti hi-jacking law will not apply and the crime is still punished under the Revised Penal Code. The important thing is that before the anti hi-jacking law can apply. the point of distinction is whether the aircraft is of Philippine registry or foreign registry. it should be in flight at the time of the hi-jacking. Otherwise. The law makes a distinction between aircraft of a foreign registry and of Philippine registry. If the aircraft subject of the hi-jack is of Philippine registry.   .

 On the other hand. technically they are still in flight. because they have to move out of that foreign country. if the aircraft is of foreign registry. the anti hi-jacking law will already govern. the law does not require that it be in flight before the anti hi-jacking law can apply. This is because aircrafts of foreign registry are considered in transit while they are in foreign countries. So even if any of the acts mentioned were committed while the exterior doors of the foreign aircraft were still open. Although they may have been in a foreign country. .