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Treason
Elements
Treason
- Violation by a subject of his allegiance to his sovereign or liege lord, or the supreme authority of the
state.
Allegiance- is meant the obligation of FIDELITY AND OBEDIENCE which individuals owe to the
government under which they live or their sovereign, in return for the protection they receive.
Aid and comfort- means an act which strengthens or tends to strengthen the enemy in the conduct of
war against the traitor’s country and an act which weakens to tends to weaken the power of the
traitor’s country to resist or to attack the enemy.
Example
1. Filipino Citizen
2. Adhering to the enemy of the Phil. Giving them aid and comfort.
Art 115
Conspiracy and proposal to commit treason- the conspiracy and proposal to commit the crime of
treason shall be punished respectively, by prison mayor and a fine not exceeding 10K and by Prison
correctional and a fine not exceeding 5K.
Art 116
Misprision of treason- Every person owing allegiance to (united State or) Government of the Phil. Islands
without being a foreigner and having knowledge of any conspiracy against them, who conceals or dies
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 as the case may be shall punished as an accessory of
the crime of treason.
Elements
1. That the offender must be owing allegiance to the government and nor foreigner.
2. That he has knowledge of any conspiracy (to commit treason) against the Government.
3. That he conceals or does not disclode & make known the same as soon as possible to the governor
or fiscal of the province or the mayor or fiscal of the city which he resides
Art 117
2 ways
Element
2. By disclosing to the representative of a foreign nation the content of the articles, data or
information referred to in par1 of ART 117 which he had in his possession by reason of the public he
holds.
Element
(b) That he has in his possession the articles, data, information referred to in par. 1 of Art 117 by reason
of the public office he holds
Sec2- in time of war penalty is death or imprisonment not more than 30 years
Art 118
Inciting to war or giving motive for reprisals- the penalty of RECLUSION TEMPORAL shall be imposed
upon any public officer or employee, and that of PRISON MAYOR upon private individual who by
unlawful or unauthorized acts, provoke or give occasion of war involving or liable to involve the Phil.
Island or express Filipino citizens to reprisals or their person or property.
Element
2. That such act provokes or give occasion for a war involving or liable to involve the Phil. Or expose
Fil. Citizen to reprisals on their person or property.
Art 119
Element
2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality
Neutrality- a nation which takes no part in a contest of arms going on between other is referred to as
neutral
Art 120
Correspondence w/ hostile country- any person who in time of war shall have correspondence with an
enemy country or territory occupied by enemy troops.
3. Prison temporal, if notice or information be given thereby which might be useful to the enemy.
4. Reclusion Temporal to death, if the offender intended to aid the enemy by giving such notice or
info.
Element
2. That the offender makes correspondence with an enemy country of territory occupied by enemy
troops.
Correspondence- is communication by means of Letters; or it may refer to the letters which pass
between those who have friendly or business relation.
Art 121
Flight to enemy’s country- penalty of Arresto mayor shall be inflicted upon any person who, owing
allegiance to the government, attempts to flee or go to an enemy country when prohibited by
competent authority.
Element
Piracy in general and mutiny on the high seas or Phil. Water- the penalty of reclusion perpetua shall be
inflicted upon any person who, on the high seas or in Phil. Waters shall attack or seize any vessel or, not
being a member of its complement nor a passenger shall seize the whole or part of the cargo of said
vessel its equipment, or personal belongings of its complement or passenger.
The penalty shall be inflicted in case of mutiny on the high seas or in Phil. Water (As amended by
sec3 RA 7659)
2 ways
2. Br seizing in the vessel while on the seas or in Phil. Waters the whole or part of its cargo its
equipment or personal belonging of its complement or passenger.
Element
2. That the offender are not members of its complement or passenger of the vessel
b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passenger
Mutiny- is the unlawful resistance to a superior officer, or the raising of commotion and disturbance on
board or ship against the authority of its commander.
A person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a
condition of widespread and extraordinary fear and panic among the populace, in order to coerce the
government to give in to a unlawful demand shall be guilty of the crime of terrorism, and shall suffer the
penalty of forty (40) years of imprisonment without the eligibility of parole.
a. ART. 122 (piracy in general and mutiny in the high seas or in the Philippine water)
b. RA 6969 (Toxic Substances and hazardous and nuclear waste control act of 1990)
f. PD 1866 as amended (decree codifying the law on illegal and unlawful possession, manufacture,
dealing in, acquisition or disposition of firearms, ammunition or explosive)
Art 123
Qualified Piracy- the penalty RECLUSION PERPETUA TO DEATH shall be imposed upon those shall
commit any of the crimes referred to in the preceding articles, under the ff. circumstances:
2. Whenever the pirates have abandoned their victims w/o means of saving themselves or
a. Murder
b. Homicide
c. Physical injury
d. Rape
- By means of violence, against or intimidation of person or force upon things, committed by any
person, including a passenger or member of the complement or said vessel in Phil. Water
Requisites
(b) Acquires or receives property taken by such pirates or in any manner derives any benefit therefrom;
1. Aircraft Phil registry is in flight the offender ceases control and change the course or destination-
Must be on flight
2. Aircraft foreign registry, offender ask to compel to land in the Phil, territory – May not be on flight
a. Explosive
b. flammable
c. Corrosive
Permit should be ask in Air transportation office issued by Civil Aeronautics Administration