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Luis B. Reyes

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Title One

Crimes Against National Security and the Law of Nation

Crimes against National Security

1. Treason2. Conspiracy and Proposal to commit treason

3. Misprision of treason

4. Espionage

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Article 114.Treason. Any Filipino citizens who levies war against the Philippines or

adheres to her enemies, giving them aid or comfort within the Philippines or

elsewhere, shall be punished by reclusion perpetuato death and shall pay a fine not

to exceed 100,000 pesos.

No person shall be convicted of treason unless on the testimony of twowitnesses at least to the same overt act or on confession of the accused in open

court.

Likewise, an alien residing in the Philippines, who commits act of treason as

defined in paragraph 1 of this article shall be punished by reclusion temporal to

death and shall pay a fine not to exceed 100,000 pesos (As amended by Sec. 2, R.A.

No. 7659, which took effect on 31 December 1993.)

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Treason is a breach of allegiance to a government, committed by a person

who owes allegiance to it.

-

A violation by a subject of his allegiance to his sovereign or to the

supreme authority of the state

Penalty

1. Reclusion Perpetua to death

2. An alien residing in the Philippines, Reclusion Temporal to Death

3. A fine not to exceed 100,000 pesos.

Elements of Treason

1. That the offender is a Filipino citizen or an alien residing in the Philippines

2. That there is war in which Philippines is involved

3. That the offender either

A. Levies war

a. That there be an actual assembling of men

b. For the purpose of executing a treasonable design by force

- levying of war must be with the intent to overthrow the

government.

- there must be a collaboration with a foreign enemy.

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The two- witness rule.

-

The testimony of two witnesses is required to prove the overt act of giving aid or

comfort. It is not necessary to prove adherence.

- It must be adhered to each and every one of all the external manifestations of the

overt act in issue. (People v. Abad, 78 Phil 766)

-

It is not required that their testimony be identical. (Hauf v. United States, 67 S. Ct

8740)

-

Severely restrictive. It requires that each of the witnesses must testify to the whole

overt act; or if it is separable, there must be two witnesses to each part of the overt

act. (People v. Escleto, 84 Phil 121)

Adherence may be proved:

1. By one witness

-

It is not required to be proved by disposition of two witnesses, because what is

designed in the mind of an accused never is susceptible of proof by direct

testimony.

2.

From the nature of the act itself

B. adheres to the enemies, giving them aid or comfort

a. Adherence to the enemy

- means intent to betray

b. Aid or comfort

- means an act which strengthens or tends to strengthen the enemy in the

conduct of war against the traitors country and an act which weakens or

tends to weaken the power of the traitors country to resist or to attack the

enemy.

- Must be given to the enemy by some kind of action. It must be a deed or

physical ac tivity.

General Rule: to be treasonous, the extent of the aid or comfort given to the

enemies must be to render assistance to them as an enemies and not merely as

an individuals and in addition, be directly in furtherance of the enemies hostile

design.

- There is aid or comfort no matter how vain or futile the attempt may be, as long

as the act committed tends to strengthen the enemy. It is not the degree of

success, but rather the aim for which the act was perpetrated.

- The aid or comfort given to the enemies must be after the declaration of war

between the countries, and the term enemies applies only to the subjects of a

foreign power. It does not embrace rebels in insurrection against their own

country, because they are still citizen and not enemies.

Note:

Adherence and giving aid or comfort must concur together. Adherence alone without

giving aid or comfortor aid or comfortwithout adherencedoes not constitute treason.

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3.

From the circumstances surrounding the act

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Article 115. Conspiracy and Proposal to commit Treason. Penalty The conspiracy

and Proposal to commit the crime of treason shall be punished respectively, by

prision mayorand a fine not exceeding 10,000 pesos and byprision correccionaland

a fine not exceeding 5,000 pesos.

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How is it committed?Conspiracy

-

When two or more persons come to an agreement to levy war against the

Government or to adhere to the enemies and to give them aid or comfort, and

decide to commit it. (Art. 8 and 114)

Proposal

-

When 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 or persons.

Why is it punishable

-

The reason is that in Treason the very existence of the state is endangered.

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Article 116. Misprision of Treason. Every person owing allegiance to the (United

States or) the Government of the Philippine Islands, without being a foreigner, and

having knowledge of any conspiracy against them, who conceals or does not discloseand 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 be punished as an accessory to the crime of treason.

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Note:

Article 116 does not apply when the crime of treason is already committed by someone; this

is so because Article 116 speaks of Knowledge of any conspiracy against the Government.

Elements of Misprision

1. That the offender must be owing allegiance to the government

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.

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-

Article 116 is an exception to the rule that mere silence does not make a person

criminally liable.

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Article 117. Espionage.The penalty of prission correccional shall be inflicted upon

any person who:

1.

Without authority therefore, enters a warship, fort or naval or military

establishment or reservation to obtain any information, plans, photographs, or

other data of a confidential nature relative to the defense of the Philippine

Archipelago; or

2.

Being in a 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.

The penalty next in higher degree shall be imposed if the offender be a public

officer or employee.__________________________________________________________________________________________

Espionage is the offense of gathering, transmitting, or losing information respecting

the National Defense with intent or reason to believe that the information is to be used to

the injury of the republic of the Philippines or to the advantage of the foreign nation.

Elements (No. 1)

a) That the offender enters any of the places mentioned therein;

- The offender is any person, whether a citizen or a foreigner, a private individual or a

public officer.

b) That he has no authority therefor;

c) That his purpose is to obtain information, plans, photographs or other data of a

confidential nature relative to the defense of the Philippines.

- The offender must have intention to obtain information relative to the defense of the

Philippines.

- It is not necessary that the offender should have obtained any information, plans, etc. It

is sufficient that he has the purpose to obtain any of them when he entered a warship,

fort or naval or military establishment.

Elements (No. 2)

a) That the offender is a public officer;

b) That he has in his possession the articles, data or information referred to in

paragraph no. 1 of article 117, by reason of public office he holds;

c) That he discloses their contents to a representative of a foreign nation.

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Espionage distinguished from Treason

Treason Espionage

-

Committed only in time of war -

May be committed both in time ofpeace or in time of war

-

Is limited in two ways of committing

a crime: Levying war, adhering to theenemy giving him aid or comfort

-

May be committed in many ways

(Commonwealth Act No. 616)

Crimes against the Law of Nation

1.

Inciting to war or giving motives for reprisal (Art. 118)

2.

Violation of Neutrality (Art. 119)

3.

Correspondence with hostile country (Art. 120)

4. Flight to enemys country (Art. 121)

5.

Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)

__________________________________________________________________________________________Article 118. Inciting to war or giving motives for reprisals.The penalty for

reclusion temporal shall be impose upon any public officer or employee, and that of

prision mayor upon any private individual, who by unlawful or unauthorized acts,

provokes or gives occasion for a war involving or liable to involve the Philippine

Islands or exposes Filipino citizens to reprisals on their persons or property.

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Note:

The crime of inciting to war or giving motives for reprisals is committed in time of peace.

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Article 119. Violation of Neutrality.The penalty ofprision correccionalshall

be inflicted upon anyone who, on the occasion of a war in which the government is

not involved, violates any regulation issued by competent authority for the purpose

of enforcing neutrality.

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Elements:

1. That the offender performs unlawful or unauthorized acts.

- Such acts might disturb the friendly relation that we have with a foreign country, andthey are penalized even if they constitute a mere imprudence.

2. That such actsprovokeor giveoccasion for a war involving or liable to involve the

Philippines or exposeFilipino citizens to reprisals on their persons or property

- The intention of the offender is immaterial. The law considers the effect produced by the

acts of the accused.

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Neutrality, Defined.

A nation or power which takes no part in a contest of armsgoing on between others.

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Article 120. Correspondence with hostile country. Any person, who in time of

war, shall have correspondence with an enemy country or territory occupied by

enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the

Government;

2.

Byprision mayor, if the correspondence be carried on ciphers or conventional

signs; and

3.

By reclusion temporal, if notice or information be given thereby which might

be useful to the enemy. If the offender intended to aid the enemy by giving

such notice or information, he shall suffer the penalty of reclusion temporal to

death.

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Circumstances qualifying the offense (must concur together):

1.

That the notice or information might be useful to the enemy.

2.

That the offender intended to aid the enemy.

Note: If the offender intended to aid the enemy by giving such notice or information, the

crime amounts to treason; hence, the penalty is the same as that for treason.

Elements:

1. That there is war in which the Philippines is not involved;

2. That there is a regulation issued by a competent authority for the purpose of

enforcing neutrality;

3. That the offender violates such information

- It is the violation of such regulations that constitute the crime.

Elements:

1. That it is in time of war in which the Philippines is involved;2. That the offender makescorrespondence with an enemy countryor territory

occupied by enemy troops;

3. That the correspondence is either

a) Prohibitedby the government

- The crime is committed even if correspondence contains innocent matters, because of

the possibility that some information useful to the enemy might be revealed

unwittingly.

b) Carried on in ciphers or conventional signs, or

c) Containing notice or informationwhich might be useful to the enemy.

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Article 121. Flight to enemys country. The 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.

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Article 122. Piracy in general or mutiny on the high seas or in the Philippine

waters.The penalty of reclusion perpetuashall be inflicted upon any person who,

on the high seas or in Philippine waters shall attack or seize a 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 passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in

Philippine waters. (As amended by Sec. 3, R.A. No. 7659)

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Piracy - It is robbery or forcible depredation on the high seas, without lawful authority and

done with animo furandi and in the spirit and intention of universal hostility.

- The person who attack a vessel or seize its cargo are strangers to said vessels.

Mutiny - is unlawful resistance to a superior officer, or the raising of commotions and

disturbances on board a ship against the authority of its commander.

-

The offenders are members of the crew or passengers.

Elements:

1. That there is war in which the Philippines is involved;

2. That the offender must be owing allegiance to the government;

- The allegiance contemplated in this article is either natural or temporary allegiance. An

alien resident in this country can be held liable under this article.

3. That the offender attempts to flee or go to enemy country;

4. The going to enemy country is prohibited by competent authority.

Elements:

1. That the vessel is on high seas or in Philippine waters.

2. That the offenders are not members of its complement or passengers.

3. That the offenders

(a) Attack or seize that vessel

(b) Seize the whole or part of the cargo of said vessel, its equipment or personal

belongings of its complement or passengers.

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Article 123. Qualified Piracy.The Penalty of reclusion perpetuato death shall be

imposed upon those who commit any of the crimes referred to in the preceding

article, under any of the following circumstances:

1.

Whenever they have seized a vessel by boarding or firing upon the same;

2.

Whenever a pirates have abandoned their victims without means of saving

themselves; or

3.

Whenever the crime is accompanied by murder, homicide, physical injuries, or

rape. (As amended by R.A. No. 7659)

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Title TwoCRIMES AGAINST FUNDAMENTAL LAW OF STATE

Section One Arbitrary detention and Expulsion

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Article 124. Arbitrary DetentionAny public Officer or employee who, without legal

grounds, detains a person, shall suffer:

1.

The penalty of arresto mayorin its maximum period toprision correccionalin

its minimum period, if the detention has not exceeded three days;

2.

The penalty ofprision correccionalin its medium and maximum periods, if the

detention has continued more than three but not more than fifteen days.

3.

The penalty ofprision mayor, if the detention has continued for more than 15

days but not more than six months4.

That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the

compulsory confinement of the patient in a hospital, shall be considered legal

grounds for the detention of any person.

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Elements: