Criminal Law TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CHAPTER ONE CRIMES AGAINST NATIONAL SECURITY Section 1: Treason and Espionage Art. 114: Treason Elements 1. Filipino/ Alien residing in the Philippines 2. Time of War Philippines is involved 3. Levying war against the government OR Adheres to the enemies by giving aid or comfort Art. 115: Conspiracy and Proposal to Commit Treason Art. 116: Misprision of Treason Art. 117: Espionage Ways to Commit: A. Without authority, enters a warship, fort, etc. to obtain any information plans, photographs, or other data of a confidential nature relative to the defense of the Philippines Elements: 1. Any person 2. Crime is when he enters the place with intent to obtain confidential information 3. Enters without authority raises the presumption and consummates the crime B. Being in possession by reason of public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation Elements 1. Public Officer is in possession by reason of office 2. Crime is when he discloses or reveals to representative of foreign nation Section 2: Provoking war and Disloyalty in case of war Art. 118: Inciting To War or Giving Motives for Reprisals Elements: 1. Any person 2. In times of peace 3. Act which is unlawful or unauthorized which provokes or gives occasion for a war or exposes Filipino citizens to reprisals in their persons or property Art. 119: Violation of Neutrality Elements: 1. War Philippines is not involved 2. Competent authority issues regulation enforcing neutrality 3. Person violated such regulation Art. 120: Correspondence with Hostile Countries Elements: 1. War - Philippines is involved 2. Makes correspondence to enemy or territory 3. Correspondence is either: a. Prohibited by Government b. Carried on in ciphers or conventional signs c. Notice or information useful or in aid of enemy Art. 121: Flight to Enemy Country Elements: 1. War Philippine is involved 2. Attempts to flee or go to enemy country 3. Prohibited by competent authority Section3: Piracy and Mutiny on the High Seas or in Philippine Waters Art. 122: Piracy in general and Mutiny in High Seas Elements of Piracy: 1. Vessel is in Philippine Waters or high seas 2. Offenders are NOT members of complement or passengers 3. Seize or attack the vessel, OR Seize the whole or part of cargo, equipment or personal belongings Elements of Mutiny 1. Vessel is in Philippine waters or high seas 2. Offenders are members of complement or passengers 3. Raises commotion or disturbance on board in violation of lawful command of captain PD 532: Anti-Piracy and Anti-Highway Robbery Law Art. 123: Qualifies Piracy What Qualifies Piracy? 1. Seized the vessel by boarding or firing 2. Abandoned their victims without means of saving 3. Accompanied by murder, homicide, Physical Injuries, or Rape

RA 6235: Acts Inimical to Civil Aviation (Anti-Hijacking Law) Acts Punishable: 1. Compelling the pilot of an aircraft of Philippine registry to change course or destination OR to seize or usurp control while in flight 2. Compelling an aircraft of foreign registry to land in Philippine territory or to seize OR to usurp control while in the territory 3. By shipping, loading or carrying in a cargo aircraft operating as a public utility within the Philippines any explosive, flammable, corrosive, or poisonous substance or material 4. By shipping, loading, or carrying in a cargo aircraft operating as a public utility within the Philippines, any material or substance which is explosive, flammable, corrosive, or poisonous not in accordance with the regulations issued by the Air Transportation Office What Qualifies Penalty for #1 and #2? 1. Fired upon the pilot, member of the crew or passenger 2. Exploded or attempted to explode any bomb or explosive to destroy the aircraft 3. Accompanied by murder, homicide, serious physical injuries, or rape
Unica Amor R. Mananquil
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Criminal Law TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

RA 9372: Human Security Act (Anti-Terrorism Law) Crimes against RPC: 1. Piracy and Mutiny 2. Rebellion or Insurrection 3. Coup dtat 4. Murder 5. Kidnapping and Serious Illegal Detention 6. Crimes involving Destruction Crimes against SPL 1. Law on Arson 2. Toxic Substances and Hazardous and Nuclear Waste Control Act 3. Atomic Energy Regulatory and Liability Act 4. Anti-Hijacking law 5. Anti-Piracy and Anti-Highway Robbery Law 6. Illegal Possession, Manufacture and Dealing of Firearms

Unica Amor R. Mananquil

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