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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

Article 115
CONSPIRACY TO COMMIT TREASON
ELEMENTS:
1. In time of war
2. 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


ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
2. 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:
1. That the offender must be owing allegiance to the government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit treason) against the government
3. 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.

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;

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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.

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

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

Article 121

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FLIGHT TO ENEMYS COUNTRY

ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing allegiance to the government
3. That the offender attempts to flee or go to enemy country
4. 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

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

Piracy Mutiny

Robbery or forcible degradation on the Unlawful resistance to a superior officer, or


high seas, without lawful authority and the raising of commotion and disturbances on
done with animo furandi and in the spirit board a ship against the authority of its
and intention of universal hostility. 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)

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


complement

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