ARTICLE 118.

INCITING TO
WAR OR GIVING
MOTIVES FOR REPRISALS
Elements
1. Offender performs unlawful or unauthorized acts;
2. The acts provoke or give occasion for –
a. a war involving or liable to involve the Philippines; or
b. exposure of Filipino citizens to reprisals on their persons or property
ARTICLE 119. VIOLATION OF
NEUTRALITY
Elements
1. There is a war in which the Philippines is not involved;
2. There is a regulation issued by a competent authority to enforce
neutrality;
3. Offender violates the regulation.
 ARTICLE 120.
CORRESPONDENCE WITH
HOSTILE COUNTRY
Elements
1. It is in time of war in which the Philippines is involved;
2. Offender makes correspondence with an enemy country or territory
occupied by enemy troops;
3. 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.
ARTICLE 121. FLIGHT TO
ENEMY'S COUNTRY
Elements
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the government;
3. Offender attempts to flee or go to enemy country;
4. Going to the enemy country is prohibited by competent authority.
ARTICLE 122. PIRACY IN
GENERAL AND MUTINY
ON THE HIGH SEAS OR IN
PHILIPPINE WATERS
Acts punished as piracy
1. Attacking or seizing a vessel on the high seas or in Philippine waters;
2. Seizing in the vessel while on the high seas or in Philippine waters the
whole or part of its cargo, its equipment or personal belongings of its
complement or passengers.

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

Distinction between mutiny and piracy

(1) As to offenders
Mutiny is committed by members of the complement or the passengers
of the vessel.
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, there is no criminal intent. In piracy, the criminal intent is for
gain.
ARTICLE 123. QUALIFIED
PIRACY
Elements
1. The vessel is on the high seas or Philippine waters:
2. Offenders may or may not be 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;
4. The preceding were committed under any of the following circumstances:
a. whenever they have seized a vessel by boarding or firing upon the
same;
b. whenever the pirates have abandoned their victims without means
of saving themselves; or
 c. whenever the crime is accompanied by murder, homicide, physical
injuries or rape.

Mutiny is qualified under the following

circumstances:
(1) When the offenders abandoned the victims without means of
saving themselves; or
(2) When the mutiny is accompanied by rape, murder, homicide, or
physical injuries.