CRIMINAL LAW 2

Michael C. Paso, PhD

Education Program Supervisor
Student Law Practitioner
 Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
Crimes Against National Security.
1. Treason. (Art. 114 )
2. Conspiracy and proposal to commit treason. (Art. 115)
3. Misprision of treason. (Art. 116)
4. Espionage . (Art. 117) Crimes against the law of nations.
T he Crimes Against the Law of Nations
5. Inciting to war or giving motive s for reprisals.
6. (Art. 118) 2. Violation of neutrality. (Art. 119)
7. Correspondence wit h hostile country. (Art. 120)
8. Flight to enemy's country. (Art. 121)
9. Piracy in genera l and mutiny on the high sea s or in Philippine waters. (Art. 122)
 ART. 114-TREASON
 Treason – is a breach of allegiance to a government,
committed by a person who owes allegiance to it.

 Allegiance – is 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. Hence an alien residing in the Philippines may
be prosecuted for acts of treason due to the temporary
allegiance he owes to the Philippine government.
ART. 114-TREASON ELEMENTS:
1. That the offender owes allegiance to the Government of
the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either (modes of committing)
a.) levies war against the government; or
b.) adheres to the enemies, giving them aid or comfort.
Ways of being committed
1. Levying war
Means that there be an actual assembling of men for the purpose of
executing a treasonable design by force
2. Adherence to the enemy rendering him aid and comfort
Means that there be intent to betray. There is “adherence to the enemy”
when a citizen intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s policy or interest.
 MEANING OF “aid or comfort”
An act which strengthens or tends to strengthen the enemy in the conduct of war
against the traitor’s country or any act which weakens or tends to weaken the power
of the traitor’s country to resist or to attack the enemy

Ways of proving Treason (overt act):

 Testimony of two witnesses, at least, to the same over act (two-witness rule); or
 Confession of guilt in open court

Adherence may be proved:

 by one witness;
 from the nature of the act itself, or
 from the circumstances surrounding the act.
 Reason for the two-witness rule: The special nature of the crime of
treason requires that the accused be afforded a special protection not
required in other cases so as to avoid a miscarriage of justice. The
extreme seriousness of the crime, for which death is one of the
penalties provided by law, and the fact that the crime is committed in
abnormal times, when small differences may in mortal enmity wipe
out all scruples in sacrificing the truth.
Take Note:
 Treason is a war crime, it is punished by the state as a measure of self- defense and
self-preservation.

 The levying of war must be with intent to overthrow the government as such, not
merely to resist a particular statute or to repeal a particular officer.
 It is not necessary that those attempting to overthrow the government by force of
arms should have the apparent power to succeed in their design, in whole or in part.
 Treason absorbs crimes committed in furtherance thereof.

 Emotional or intellectual sympathy to the enemy, without giving the enemy aid or
comfort, is not treason.
Take Note
 There is no treason thru negligence. The overt act of giving aid or comfort to the enemy
must be intentional.

 Mere acceptance of public office and discharge of official duties under the enemy do not
constitute per se the felony of treason. But when the position is policy-determining, the
acceptance of public office and the discharge of official duties constitute treason.

 Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC)

 Treason by an alien must be committed in the Philippines. (EO 44).

 Treason is a CONTINUOUS OFFENSE. All overt acts of treason the accused has
committed constitute but a single offense.
 ART. 115- CONSPIRACY &
PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more persons come to an agreement and decide to
commit it, or when one person proposes to another: (1) to levy war against the Government,
or (2) to adhere to the enemies and to give them aid and comfort.
 As a general rule, conspiracy and proposal to commit a felony is not punishable
(ART.8), Art 115 is an exception as it specifically penalizes conspiracy and proposal to
commit treason.
 Two-witness rule does not apply because this is a separate and distinct offense.
Art. 115. Conspiracy and proposal to commit treason4
Penalty. — The conspiracy and proposal to commit the crime
of treason shall be punished respectively, by prision mayor6
and a fine not exceeding 2,000,000.00 pesos, and by prision
correccional* and a fine not exceeding 1,000,000.00 pesos.
ART. 116- MISPRISION OF TREASON
Art. 116. Misprision of treason.'' — Every person owing allegiance to
(the United States or) the Government of the Philippine Islands,
without being a foreigner, and having knowledge of any conspiracy
against them, who 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.
ELEMENTS:

 1. That the offender is a citizen of the Philippines

 2. That he has knowledge of any conspiracy against the Government
 3. That the conspiracy is one to commit treason
 4. That he conceals or does not disclose and make known the same as
soon as possible to the proper authority.

 Art. 116 does not apply when treason is already committed and the accused
does not report its commission.

  Offender is not punished as an accessory to treason but as a principal

in misprision.
 ART. 117- ESPIONAGE

Espionage – is the offense of gathering, transmitting,

or losing information respecting the national defense
with intent or reason to believe that the information
is to be used to the injury of the Republic of the
Philippines or the advantage of a foreign nation.
 TWO WAYS OF COMMITTING:
 By entering, without authority, a
 warship, fort, or military or naval establishment or reservation to obtain any
information, plan or other data of confidential nature relative to the defense of
the Philippines.

ELEMENTS:
 That the offender enters any of the places mentioned therein;
 That he has no authority therefore;
 That his purpose is to obtain information, plans, photographs or other data
of a confidential nature relative to the defense of the Philippines.
 By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in the preceding paragraph, which he had in his possession by reason of
the public office he holds.

 ELEMENTS:
 That the offender is a public officer;
 That he has in his possession the articles, data or information referred to in par. no. 1 of Art. 117, by
reason of the public office he holds;
 c) That he discloses their contents to a representative of a foreign nation.
Art. 118. Inciting to war or giving motives
for reprisals
Art. 118. Inciting to war or giving motives for reprisals. — The penalty
of reclusion temporal1 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 .
ART. 119- VIOLATION OF
NEUTRALITY ELEMENTS:
 That there is a war in which the Philippines. is not involved,
 That there is a regulation issued by a competent authority for the purpose of enforcing
neutrality, and
 That the offender violates such regulation.

 Neutrality – a nation or power which takes no part in a contest of arms going on

between others is referred to as neutral.

 There must be a regulation issued by competent authority for the enforcement of

neutrality. It is the violation of such regulation which constitutes the crime.
 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.

 Examples: The raising, without sufficient authorization, of troops within the

Philippines for the service of a foreign nation against another nation The
public destruction of the flag or seal of a foreign state or the public
manifestations of hostility to the head or ambassador of another state.
 Art. 120. Correspondence with hostile
country.
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 correctional, if the correspondence has been prohibited by the Government;
2. 2. By prision mayor, if the correspondence be carried on in ciphers or conventional signs; and
3. 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. 1 8
Meaning of "correspondence." Correspondence 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 correspondence contains innocent matters, if the correspondence has
been prohibited by the Government, it is punishable.

If the correspondence with an enemy country or territory occupied by enemy

troops has been prohibited by the Government, the crime is committed even if the
correspondence or letter contains innocent matters, because of the possibility that
some information useful to the enemy might be revealed unwittingly.
Circumstances qualifying the offense.
The following must concur together:
a. That the notice or information might be useful to the enemy.
b. b. That the offender intended to aid the enemy.

Note: If the offender intended to aid the enemy by giving such notice or
information, the crime amounts to treason; hence, the penalty is the same as
that for treason.
 Art. 121. Flight to enemy's country
Art. 121. Flight to enemy's 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;
3. That the offender attempts to flee or go to enemy country; 4. That going to enemy
country is prohibited by competent authority.
 Art. 122. Piracy
Art. 122. Piracy in general and mutiny on the high seas or in Philippine
waters. — The penalty of reclusion perpetual shall be inflicted upon
any person who, on the high seas or in Philippine waters, shall
attack or seize any 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 or in Philippine waters. (As amended by Sec. 3, Rep. Act
No. 7659)
 Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By 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. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel;
3. That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of
the cargo of said vessel, its equipment or personal belongings of its complement or
passengers.
 High seas – waters which are beyond the boundaries of the low-water mark.
- parts of the sea that are not included in the exclusive economic zone, in the territorial seas,
or in the internal waters of a state, or in the archipelagic waters of an archipelagic state
(United Nations Convention on the Law of the Sea).

 Philippine waters – shall refer to all bodies of water, such as but not limited to seas, gulfs,
bays, around, between and connecting each of the islands of the Philippine Archipelago,
irrespective of its depth, breath, length or dimension, and all waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has sovereignty and
jurisdiction. (Sec. 2,P.D. No. 532)
Piracy distinguished from robbery
in the high seas
PIRACY
ROBBERY ON THE HIGH SEAS

The offender is an outsider. The offender is a member of the

complement or a passenger of the
vessel.

In both, there is intent to gain and the manner of committing the crime is the
same.
Mutiny – the unlawful resistance to a superior, or the raising of
commotions and disturbances on board a ship against the
authority of its commander.
PIRACY MUTINY
The persons who They are members of
attack a vessel or seize its cargo the crew or passengers.
are strangers to the vessels.

Intent to gain is essential. The offenders may only intend to

ignore the ship’s officers or they
may be prompted by a desire to
commit plunder.
 PD 532 (ANTI-PIRACY AND ANTI- HIGHWAY ROBBERY LAW OF 1974)

 Vessel – any vessel or watercraft used for (a) transport of passengers and cargo or (b) for
fishing.

 Punishes the act of AIDING OR ABETTING PIRACY.

Requisites:
 Knowingly aids or protects pirates;
 Acquires or receives property taken by such pirates, or in any manner derives any benefit
therefrom;
 Directly or indirectly abets the commission of piracy.

 NOTE: Under PD 532, piracy may be committed even by a passenger or member of the
complement of the vessel.
 ART. 123- QUALIFIED PIRACY
ELEMENTS:
1. Whenever the offenders have seized the vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

Take Note:
 The crime referred to in the 3rd element pertains to piracy and mutiny on the high seas.

 Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death, regardless
of the number of victims.

 Piracy is a crime not against any particular state but against all mankind. It may be punished in the
competent tribunal of any country where the offender may be found or into which he may be carried.
  ANTI-HIJACKING LAW REPUBLIC ACT 6235

 ACTS PUNISHED:
 usurping or seizing control of an aircraft of Philippine registry while it is in flight;
compelling the pilots thereof to change its course or destination
 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
 carrying or loading on board an aircraft operating as a public utility passenger aircraft in
the Philippines flammable, corrosive, explosive or poisonous substances; and
 loading, shipping, or transporting on board a cargo aircraft operating as a public utility in
the Philippines, flammable, corrosive, or poisonous substance if not done in accordance
with the rules and regulations of the Air Transportation Office.
 MEANING OF “aircraft is in flight”
From the moment all exterior doors are closed
following embarkation until the same doors are
again opened for disembarkation.