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Criminal Law Book 2 CRI 181
Criminal Law Book 2 CRI 181
Article 114
ELEMENTS OF TREASON:
a. breech of allegiance
d. breech of allegiance
e.adherence
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.
a. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating
the particular acts constituting treason.
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.
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
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.
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
ELEMENTS:
In time of war
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 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
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:
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
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
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
Article 118
ELEMENTS:
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
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 a regulation issued by competent authority for the purpose of enforcing neutrality
Gov’t must have declared the neutrality of the Phil in a war between 2 other countries
Article 120
ELEMENTS:
That the offender makes correspondence with an enemy country or territory occupied by enemy troops
Hostile country exist only during hostilities or after the declaration of war
Article 121
ELEMENTS
That the offender (Filipino or resident alien) must be owing allegiance to the government
Article 122
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 the offenders are not members of its complement or passengers of the vessel
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
Piracy in high seas – jurisdiction is with any court where offenders are found or arrested
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
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)
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.