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,
1.
breech of allegiance
2.
actual assembling of men
3.
for the purpose of executing a reasonable design
4.
breech of allegiance
5.
adherence
6.
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.
1.

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

If he has pleaded NOT guilty already during arraignment, he can still confess in open court by
stating the particular acts constituting treason.
2.
During trial, simply saying Im guilty is not enough.
3.
Withdrawing plea of not guilty during arraignment not necessary
4.
If during arraignment he pleads guilty, court will ask if the accused understands is plea.
Submission of affidavit during trial, even if assisted by counsel is not enough.

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.

3.
4.
5.
6.

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.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials
not treason
Filipino citizens can commit treason outside the Philippines. But that of an alien must be
committed in the Philippines.
Only Filipino citizens or permanent resident aliens can be held liable
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 traitors 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 countrys
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:

1.
2.

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,
1.

They decide to commit it


1.
2.

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

1.
2.
3.

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 govt 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.
1. That the offender enters any of the places mentioned therein
1.
2. That he has no authority therefore;
2.
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
1.
ELEMENTS: That the offender is a public officer
2.
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
3.
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:
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

Crime is committed in time of peace, intent is immaterial

Inciting to war offender is any person

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:
1.
That there is war in which the Philippines is not involved
2.
That there is a regulation issued by competent authority for the purpose of enforcing neutrality
3.
That the offender violates such regulation

Govt 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:
1.
That it is in time of war in which the Philippines is involved
2.
That the offender makes correspondence with an enemy country or territory occupied by
enemy troops
3.
That the correspondence is either
1.
prohibited by the government, or
2.
carried on in ciphers or conventional signs, or
3.
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 you.
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
Doesnt matter if correspondence contains innocent matters if prohibited, punishable

Article 121
FLIGHT TO ENEMYS COUNTRY

ELEMENTS

1.
2.
3.
4.

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
Mere attempt consummates the crime
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

1.
By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
2.
By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings
of its complement or passengers

Elements:
1.
That a vessel is on the high seas/Philippine waters
2.
That the offenders are not members of its complement or passengers of the vessel
3.
That the offenders
1.
attack or seize that vessel or (hence, if committed by crew or passengers, the crime is
not piracy but robbery in the high seas)
2.
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 govt

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:
1.
Whenever they have seized a 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. (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