TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114

ELEMENTS OF TREASON:

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 –

4.Levies war against the government,

a. breech of allegiance

b. actual assembling of men

c.for the purpose of executing a reasonable design

d. breech of allegiance

e.adherence

f.giving aid or comfort to the enemy

5.Adheres to the enemies, giving them aid and comfort

Ways of proving treason:

1. 2 witnesses testifying to same overt act

Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to
convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict?
Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.

2. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.

a. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating
the particular acts constituting treason.

b. During trial, simply saying “I’m guilty” is not enough.

c. Withdrawing plea of “not guilty” during arraignment not necessary

 Treason: breach of allegiance to the government, committed by a person who owes allegiance
to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending
on whether the person is a citizen or an alien.
 Evident premeditation, superior strength and treachery are circumstances inherent in treason,
and are, therefore, not aggravating.
 Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no
need for declaration of war
 Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a
treasonable design by force (deliver the country in whole or in part to the enemy)

· Not Treasonous:

1.Acceptance of public office and discharge of official duties under the enemy does not constitute per se
the felony of treason (exception: when it is policy determining)

2.Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
disadvantageous to them.

3.Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not
treason

4.Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in
the Philippines.

5. Only Filipino citizens or permanent resident aliens can be held liable

6. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines
nor the marriage with a Filipino that matters.

· On Citizenship
Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused

Actual hostilities may determine the date of the commencement of war

No such thing as attempted treason; mere attempt consummates the crime

Giving aid or comfort – material element, enhances forces of the enemy country. Acts which strengthen
or tend to strengthen the enemy in the conduct of war against the traitor’s country or that which
weaken and tend to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving
aid and comfort.”

Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or
emotionally favors the enemy and harbors convictions disloyal to his country’s policy. But membership
in the police force during the occupation is NOT treason.

Example: Giving information to, or commandeering foodstuffs for the enemy.

Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the
circumstances surrounding the act.

Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.

If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use
Art.12. No treason through negligence

When killings and other common crimes are charged as overt act of treason, they cannot be regarded as
(1) separate crimes or (2) as complex with treason.

Article 115

CONSPIRACY TO COMMIT TREASON

ELEMENTS:

In time of war

2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

They decide to commit it

ELEMENTS OF PROPOSAL TO COMMIT TREASON

In time of war
A person who has decided to levy war against the government, or to adhere to the enemies and to give
them aid or comfort, proposes its execution to some other person/s.

Mere agreement and decisions to commit treason is punishable

Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

Article 116

MISPRISION OF TREASON

ELEMENTS:

That the offender must be owing allegiance to the government, and not a foreigner

That he has knowledge of any conspiracy (to commit treason) against the government

That he 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

Offender is punished as an accessory to the crime of treason

This crime does not apply if the crime of treason is already committed

Crime of omission

“To report within a reasonable time” – depends on time, place and circumstance – the RPC did not fix
time.

RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP
Director? Judge Pimentel says any gov’t official of the DILG is OK.

Article 117

Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs or other data of a confidential nature relative
to the defense of the Philippines.

ELEMENTS:

1. That the offender enters any of the places mentioned therein

2. 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
Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or
information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the
public office holds

ELEMENTS: That the offender is a public officer

That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of
the public office he holds

That he discloses their contents to a representative of a foreign nation

Purpose: to gather data

Espionage: the offense of gathering, transmitting, or losing information respecting the national defense
with the intent or reason to believe that the information is to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not conditioned on citizenship.

Not necessary that Philippines is at war with the country to which the information was revealed. What is
important is that the information related is connected with the defense system of the Philippines.

Wiretapping is NOT espionage if the purpose is not something connected with the defense

See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

ELEMENTS:

That the offender performs unlawful or unauthorized acts

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

Crime is committed in time of peace, intent is immaterial

Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already
reprisal.

Article 119

VIOLATION OF NEUTRALITY

ELEMENTS:

That there is war in which the Philippines is not involved

That there is a regulation issued by competent authority for the purpose of enforcing neutrality

That the offender violates such regulation

Gov’t must have declared the neutrality of the Phil in a war between 2 other countries

It is neutrality of the Phil that is violated

Congress has the right to declare neutrality

Article 120

CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:

That it is in time of war in which the Philippines is involved

That the offender makes correspondence with an enemy country or territory occupied by enemy troops

That the correspondence is either –

carried on in ciphers or conventional signs, or

containing notice or information which might be useful to the enemy

Circumstances qualifying the offense:

a. notice or information might be useful to the enemy

b. offender intended to aid the enemy

Hostile country exist only during hostilities or after the declaration of war

Correspondence to enemy country – correspondence to officials of enemy country – even if related to

It is not correspondence with private individual in enemy country

If ciphers were used, no need for prohibition

If ciphers were not used, there is a need for prohibition

In any case, it must be correspondence with the enemy country

Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable

Article 121

FLIGHT TO ENEMY’S COUNTRY

ELEMENTS

That there is a war in which the Philippines is involved

That the offender (Filipino or resident alien) must be owing allegiance to the government

That the offender attempts to flee or go to enemy country

That going to enemy country is prohibited by competent authority

There must be a prohibition. If none, even if went to enemy country – no violation

Alien resident may be guilty here.

Article 122

PIRACY

2 Ways of Committing Piracy

By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)

By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its
complement or passengers

Elements:

That a vessel is on the high seas/Philippine waters

That the offenders are not members of its complement or passengers of the vessel

That the offenders –

attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but
robbery in the high seas)

seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passengers

High seas: any waters on the sea coast which are without the boundaries of the low water mark
although such waters may be in the jurisdictional limits of a foreign gov’t

PD 532 has been already repealed

Piracy in high seas – jurisdiction is with any court where offenders are found or arrested

Piracy in internal waters – jurisdiction is only with Philippine courts

For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy

Mutiny
Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi
and in the spirit and intention of universal hostility. Unlawful resistance to a superior officer, or the
raising of commotion and disturbances on board a ship against the authority of its commander

Intent to gain is an element.

Attack from outside. Offenders are strangers to the vessel. (this is the standing rule with the repeal of
PD 532 which made it possible for any person to commit piracy including a passenger or complement of
the vessel). Attack from the inside.

Article 123

QUALIFIED PIRACY

CIRCUMSTANCES:

Whenever they have seized a vessel by boarding or firing upon the same

Whenever the pirates have abandoned their victims without means of saving themselves

Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may
result to qualified mutiny)

Parricide/infanticide should be included (Judge Pimentel)

Note the new rape law. Death is imposed in certain types of rape

There is a conflict between this provision and the provision on rape. Ex. If rape is committed on
someone below 7 – death under the new rape law. But if rape committed on someone below 7 during
the time of piracy – RP to death. Irreconcilable.

Murder/rape/homicide/physical injuries must have been committed on the passengers or complement