This document outlines the crimes of treason, conspiracy to commit treason, proposal to commit treason, misprision of treason, and espionage under Philippine law.
Treason involves levying war against the Philippine government or adhering to its enemies by providing aid or comfort. It requires allegiance to the Philippines and can be committed either by overt acts or through adherence. Conspiracy to commit treason involves an agreement between two or more people to commit treason, while proposal to commit treason involves proposing treason to another person. Misprision of treason involves having knowledge of treason or conspiracy to commit treason and failing to report it. Espionage involves unauthorized entry into military areas to obtain confidential defense information or possessing such information due to one
This document outlines the crimes of treason, conspiracy to commit treason, proposal to commit treason, misprision of treason, and espionage under Philippine law.
Treason involves levying war against the Philippine government or adhering to its enemies by providing aid or comfort. It requires allegiance to the Philippines and can be committed either by overt acts or through adherence. Conspiracy to commit treason involves an agreement between two or more people to commit treason, while proposal to commit treason involves proposing treason to another person. Misprision of treason involves having knowledge of treason or conspiracy to commit treason and failing to report it. Espionage involves unauthorized entry into military areas to obtain confidential defense information or possessing such information due to one
This document outlines the crimes of treason, conspiracy to commit treason, proposal to commit treason, misprision of treason, and espionage under Philippine law.
Treason involves levying war against the Philippine government or adhering to its enemies by providing aid or comfort. It requires allegiance to the Philippines and can be committed either by overt acts or through adherence. Conspiracy to commit treason involves an agreement between two or more people to commit treason, while proposal to commit treason involves proposing treason to another person. Misprision of treason involves having knowledge of treason or conspiracy to commit treason and failing to report it. Espionage involves unauthorized entry into military areas to obtain confidential defense information or possessing such information due to one
Crimes and Penalties Government, or TITLE ONE b. A d h e r e s t o t h e Crimes Against National enemies, giving them Security and the Law of aid or comfort. Nations CHAPTER ONE Tr e a s o n i s a b r e a c h o f Crimes Against National allegiance to a government, Security committed by a person who SECTION ONE owes allegiance to it. Treason and Espionage Allegiance is meant the ARTICLE 114. Treason. — Any obligation of fidelity and person who, owing allegiance obedience which the to the United States or the individuals owe to the Government of the Philippine gobvernment under which they Islands, not even a foreigner, live or to their sovereign, in levies war against them or return for the protection they adheres to their enemies, receive. giving them aid or comfort within the Philippine Islands or Allegiance is either elsewhere, shall be punished permant or temporary. by reclusión perpetua to death and shall pay a fine not to Permanent allegiance exceed P20,000 pesos. consists in the obligation of fidelity and obediance Elements of the crime: which a citizen or subject 1. That the offender is a owes to his government Filipino citizen or an alien or sovereign. residing in the Philippines; 2. That there is a war in which Temporary allegiance is the Philippines is involved; the obligation of fidelity 3. That the offender either - and obedience which a resident alien owes to our “Adherence to the government. enemy” means “intent to betray”. There is Two ways or modes of “adherence to the committing treason. enemy” when a 1. By levying war against citizen intellectually the Government. and emotionally (1). That there be an favors the enemy and actual Assembling of harbors sympathies men. or convictions disloyal (2). For the purpose to his country’s policy of executing a or interest. treasonable design by force. “Aid or comfort” means an act which It is not necessary strengthens or tends that there be any to strengthen the formal declaration of enemy in the conduct the existence of a of war against the state of war. traitor’s country and an act which weakens The levying of war or tends to weaken must be in the power of the collaboration with a traitor’s country to foreign enemy. resist or to attack the enemy. 2. By adhering to the enemies of the Emotional or Philippines, giving i n t e l l e c t u a l them aid or comfort. attachment or sympathy to the (must concur together) enemy, without giving the enemy aid or comfort, is not provision requires that treason. each of the witnesses must testify to the whole Treason by Filipino overt act; or if it is citizen can be separable, there must be committed outside of two witnesses to each the Philippines. part of the overt act.
Treason by an alien Adherence may be
must be committed in proved: the Philippines. 1. by one witness, 2. from the nature of the act itself, or No person shall be convicted 3. from the circumstances of treason unless on the surrounding the acts. testimony of two witnesses at least to the same overt act or Adherence to the enemy, on confession of the accused in the sense of a disloyal in open court. state of mind, cannot be , and is not required to be , Ways of proving treason proved by disposition of 1. T e s t i m o n y o f t w o two-witnesses, because witnesses, at least, to what is designed in the the same overt act; or mind of an accused never is susceptible of proof by The testimony of two direct testimony. witnesses is required to prove the overt act of 4. C o n f e s s i o n o f t h e giving aid or comfort. It is accused in open court. not necessary to prove adherence. The confession means a The two-witness rule is confession of guilt. It is “severely restrictive”. The not only an admission of facts made by the Proposal to commit accused in giving his treason is committed when in testimony after a plea of time of war a person who has not guilty, from which decided to levy war against the admissions of his guilt Government or to adhere to can be inferred. It means the enemies and to give them pleading guilty in open aid or comfort, proposes its court; that is, before the execution to some other judge while actually person or persons. hearing the case. The two-witness rule does ARTICLE 115. Conspiracy and not apply to this crime, Proposal to Commit Treason because this is a separate and — Penalty. — The conspiracy distinct offense from that of or proposal to commit the treason. crime of treason shall b punished respectively, by ARTICLE 116. Misprision of prisión mayor and a fine not Treason. — Every person exceeding P10,000 pesos, and owing allegiance to the United prisión correccional and a fine States or the Government of not exceeding P5,000 pesos. the Philippine Islands, without being a foreigner, and having Conspiracy to commit knowledge of any conspiracy treason is committed when in against them, who conceals or time of war, two or more does not disclose and make person come to an agreement known the same, as soon as to levy war against the possible to the governor or Government or to adhere to fiscal of the province, or the the enemies and to give them mayor or fiscal of the city in aid or comfort, and decide to which he resides, as the case commit it. may be, shall be punished as an accessory to the crime of treason. Elements of the crime: Philippines, not 1. That the offender must be knowledge of treason owing allegiance to the actually committed by Government, and not a another. foreigner. 2. That he has knowledge of The offender in any conspiracy (to commit misprision of treason is treason) against the punished as an Government. accessory to treason or 3. That he conceals or does two degrees lower than not disclose and make that provided for treason. known the same as soon The offender is, however, as possible to the governor a principal in the crime of or fiscal of the province or misprision of treason. the mayor or fiscal of the city in which he resides. ARTICLE 117. Espionage. — Misprision of treason The penalty of prisión cannot be committed by correccional shall be inflicted a resident alien. upon any person who: 1. Without authority therefor, Misprision of treason enter a warship, fort or does not apply when the naval or military crime of treason is establishment or already committed by reservation to obtain any someone and the information, plans, accused does not report photographs or other data its commission to the of a confidential nature proper authority because relative to the defense of misprision of treason the Philippine Archipelago; speaks of “knowledge of or any conspiracy against” Elements of the crime: the Government of the (a) That the offender enters information relative to the any of the warship, fort, or defense of the Philippines. naval or military establishment or It is not necessary that reservation of the the offender should have Philippines; obtained any information, plans, etc. mentioned. Ot is The offender is any sufficient that he has the person, whether a citizen purpose to obtain any of then or a foreigner, a private when he entered a warship, individual or a public fort, or naval or military officer. establishment.
When the offender is a 2. Being in possession, by
p u b l i c o f fi c e r o r reason of the public office employee, the penalty he holds, of the articles, next higher in degree data or information referred shall be imposed. to in the preceding paragraph, discloses their contents to a (b) That he has no authority representative of a foreign therefore; nation. Elements of the crime: (c) That his purpose is to (a) That the offender is a obtain information, plans, public officer; photographs or other data (b) T h a t h e h a s i n h i s of a confidential nature possession any information relative to the defense of plans, photographs or other the Philippines. data of a confidential nature, by reason of the The offender must have public office he holds; the intention to obtain (c) That he discloses their contents to a representative of a foreign Philippine Islands or exposes nation. Filipino citizens to reprisals on their persons or property. The penalty next higher in degree shall be imposed if the Elements of the crime: offender be a public officer or 1. That the offender performs employee. unlawful or unauthorized acts. Espionage is the offense of gathering, transmitting, or If the offender is a private losing information respecting individual, the penalty is the national defense with intent prision mayor. or reason to believe that the information is to be used to the If the offender is a public injury of the Republic of the officer or employee, the Philippines or to the advantage penalty is reclusion of any foreign nation. temporal.
SECTION TWO 2. That such acts provoke or
Provoking War and Disloyalty give occasion for a war in Case of War involving or liable to involve the Philippines or expose ARTICLE 118. Inciting to War Filipino citizen to reprisals or Giving Motives for Reprisals. in their person or property. — The penalty of reclusión temporal shall be imposed The intention of the upon any public officer or offender is immaterial. employee, and that of prisión mayor upon any private The crime of inciting to individual, who, by unlawful or war or giving motives for unauthorized acts provokes or reprisals is committed in gives occasion for a war time of peace. involving or liable to involve the ARTICLE 120. Correspondence with Hostile ARTICLE 119. Violation of Country. — Any person, who in Neutrality. — The penalty of t i m e o f w a r, s h a l l h a v e prisión correccional shall be correspondence with an inflicted upon anyone who, on enemy country or territory the occasion of a war in which occupied by enemy troops the Government is not shall be punished: involved, violates any 1. By prisión correccional, if regulation issued by competent the correspondence has been authority for the purpose of prohibited by the Government; enforcing neutrality. 2. By prisión mayor, if such correspondence be carried on Elements of the crime: in ciphers or conventional 1. That there is a war in which signs; and the Philippines is not 3. By reclusión temporal, if involved; notice or information be given 2. That there is a regulation thereby which might be useful issued by competent to the enemy. If the offender authority for the purpose of intended to aid the enemy by enforcing neutrality; giving such notice or information, he shall suffer the A nation or power which penalty of reclusión temporal takes no part in a contest to death. of arms going on between others is Elements of the crime: referred to as neutral. 1. That it is in time of war in which the Philippines is 3. That the offender violates involved; such regulations. 2. That the offender makes correspondence with an enemy country or territory Prohibition by the occupied by enemy troops; Government is not 3. That the correspondence is essential in either - paragraph 2 and 3. (a) p r o h i b i t e d b y t h e Government, or ARTICLE 121. Flight to (b) carried on in ciphers Enemy’s Country. — The or conventional signs, penalty of arresto mayor shall or be inflicted upon any person (c) containing notice or who, owing allegiance to the information which Government, attempts to flee might be useful to the or go to an enemy country enemy. when prohibited by competent authority. Correspondence is communication by Elements of the crime: means of letters; or it 1. That there is a war in which may refer to the the Philippines is involved; letters which pass 2. That the offender must be between those who owing allegiance to the have friendly or Government; business relations. 3. That the offender attempts to flee or go to enemy Even if the country; correspondence 4. T h a t g o i n g t o e n e m y contains innocent country is prohibited by matters, if the competent authority. correspondence has been prohibited by An alien resident in the the government, it is country can be held liable punishable. under this article. The law does not say “not being a foreigner.” Hence, the allegiance contemplated 1. That a vessel is on the high in this article is either seas or in Philippine waters n e u tra l o r te mp o r a r y (P.D. No. 532); allegiance. High seas does not Mere attempt to flee or go means that the crime be to enemy country committed beyond the consummates the crime. three-mile limit of any state. It means any water other sea coast which are SECTION THREE without the boundaries of Piracy and Mutiny on the High low-water mark, although Seas such waters may be in the jurisdictional limits of A RT I C L E 1 2 2 . P i r a c y i n a foreigner government. General and Mutiny on the High Seas. — The penalty of Philippines water refer to reclusión perpetua shall be all bodies of water, such inflicted upon any person who, as but not limited to, on the high seas, shall attack seas, gulfs, bays around, or seize a vessel or, not being between and connecting a member of its complement each of the Islands of the nor a passenger, shall seize Philippines Archipelago, the whole or part of the cargo irrespective of its depth, of said vessel, its equipment or breadth, length or personal belongings of its dimension, and all other complement or passengers. waters belong to the The same penalty shall be Philippines by historic or inflicted in case of mutiny on legal title, including the high seas. territorial sea, the sea- bed, the insular shelvers, Elements of piracy: and other submarine areas which the Philippines had or part of its cargo, its sovereignty or jurisdiction equipment or personal . belongings of its Any vessel or watercraft complement or used for transport of passengers. passenger and cargo from one place to another Piracy is defined as a robbery through Philippine waters. or forcible depredation on the It shall include all kings high seas, without lawful and types of vessels or authority and done with animo boat used in fishing. furandi and in the spirit and intention of universal hostility. 2. That the offenders are not members of its Mutiny is the unlawful complement or passengers resistance to a superior officer, of the vessel; or the raising or commotions 3. That the offenders (a) and disturbances on board a attack or seize that vessel, ship against the authority of its or (b) seize the whole or commander. part of the cargo of said vessel, its equipment or A R T I C L E 1 2 3 . Q u a l i fi e d personal belongings of its Piracy. — The penalty of complement or reclusión temporal to death passengers. shall be imposed upon those who commit any of the crimes Tw o w a y s o r m o d e s o f referred to in the preceding committing piracy: article, under any of the 1. By attacking or seizing a following circumstances: vessel on the high seas or 1. Whenever they have seized in the Philippine waters; a vessel by boarding or firing 2. By seizing in the vessel upon the same; while on the high seas or in 2. Whenever the pirates have Philippine waters the whole abandoned their victims without means of saving themselves; or 3. Whenever the crime is a c c o m p a n i e d b y m u r d e r, homicide, physical injuries, or rape.