CLAW BOOK 2 - Title I

Crimes against National Security and Law of Nations

Article 114. Treason

Article 114. Treason

– Any Filipino citizen 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 perpetua to death and shall pay a fine not to exceed 4,000,000 pesos

Treason

is known as a breach of allegiance to a government, committed by a person who owes allegiance to it. It is a violation by a subject of his allegiance to his sovereign

Elements of Treason(AWOLA)

a. offender owes Allegiance to the government of the Philippines
b. there is a War in which the Philippines is involved
c. the Offender either:
1.Levies war against the government
a. There is an actual assembly of men and
b. For the purpose of executing a treasonable design by force or
2. Adheres to the enemies,
Proved by a. one witness
b. From the nature of the act itself
c. From the circumstances surrounding the act
3. Giving them aid or comfort

Article 115. Conspiracy and proposal to commit treason

the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding 2,000,000 pesos, and by prision correccional and a fine not exceeding 1,000,000 pesos.

Conspiracy to Commit Treason

When in time of war, 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.

Proposal to Commit Treason

In time of war a person who has decided to levy war against the Government or adheres to the enemy and to give them aid or comfort, proposes its execution to some other person or persons.

Two-Witness Rule

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

Misprision of Treason

a. The offender is a Filipino Citizen
b. The failure of a Filipino citizen to report as soon as possible a conspiracy, which comes to his knowledge, against the government.
c. There must be a war in which the Philippines is involved.

It does not apply when treason is already committed by someone and the accused does not report its commission.

Misprision of treason cannot be committed without conspiracy to commit treason.

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 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 be punished as an accessory to the crime of treason.

Article 117. Espionage

It 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 any foreign nation.

a. Committed by any person
b. Who, without authority therefor, shall enter a warship, naval, fort or military installation or reservation to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the PH.
c. or by a publlic officer, who shall disclose to a representative of a foreign nation the contents of articles, date or information of a confidential nature relative to the defense of the PH, which is in his possession by reason of his office.

Two ways of Committing Espionage

a. By entering, without authority, a warship, fort or military or naval establishment or reservation to obtain any information, plan, photographs or other data of confidential nature relative to the defense of the Philippines
b. By disclosing to the representative of a foreign nation the contents of the articles, data or information which he had in possession by reason of the public office he holds.

Article 118. Inciting to war or giving motives for reprisals

The penalty of reclusion temporal shall be imposed 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.

Reprisal

An act of self-help on the part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state.

Article 119. Violation of neutrality.

The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of war in which the Government is not involved, violates any regulation issued by a competent authority for the purpose of enforcing neutrality

Article 120. Correspondence with hostile country.

Any person, who in time war, shall have correspondence with an enemy country or territory occupied by enemy troops

Article 121. Flight to enemy’s 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.

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

The penalty of reclusion perpetua shall 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.

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.

Two Modes of Committing Piracy

a. Attacking or seizing a vessel on the high seas or in Philippine waters;
b. Seizing in the vessel, the whole or part of its cargo, its equipment or personal belongings of its complement or passengers.

Elements of Piracy under the RPC(VCAS)

a. Vessel is on the high seas or in Philippine waters
b. The offenders are not members of its Complement or passengers of the vessel
c. The offenders:
1. Attack or seize the vessel or
b. Seize the whole or part of the cargo of said vessel, its complement or passengers

Mutiny

Unlawful resistance to a superior or the raising of commotions and disturbances on board a ship against the authority of its commander

Piracy under PD 532

Any attack upon or seizure of any vessel or the taking away of whole or part thereof or its cargo, equipment or the personal belongings of its complement or passengers, irrespective of the value thereof, by MEANS OF VIOLENCE AGAINST OR INTIMIDATION OF PERSONS OR FORCE UPON THINGS, committed by ANY PERSON, including a passenger or member of the complement of said vessel, in PHILIPPINE WATERS.

Article 123. Qualified Piracy.

The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article

Qualified Piracy under PD No. 532

Committed if as a result or on the occasion of piracy, rape, murder or homicide, physical injuries or other crimes are committed, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel.

Elements of Piracy under P.D No.532

a. committed in the Philippine waters only
b. the offender is any person, including a passenger or member of the complement of said vessel

Qualifying Circumstances of Piracy (BAC-MHPR)

a. whenever the offenders have seized the vessel by BOARDING or firing upon the same
b. whenever the pirates have ABANDONED their victims without means of saving themselves
c. whenever the CRIME is accompanied by Murder, Homicide, Physical Injuries, or Rape

Qualified Piracy is a special complex crime punishable by death, regardless of the number of victims.

RA 6235 or Anti-Hijacking Law Punishable Acts

a. Usurping or seizing control an aircraft of Philippine registry while it is in flight or compelling its pilots thereof to change its course or destination
b. Usurping or seizing control of an aircraft of foreign registry while within Philippine territory, or compelling the pilots thereof to land in any part of Philippine territory.
c. Shipping, loading or carrying in any passenger aircraft operating as public utility within the Philippines, substances which are flammable, corrosive, explosive or poisonous substances.
d. shipping, loading, or carrying in any cargo aircraft operating as a public utility within the Philippines, substances which are flammable, corrosive, explosive or poisonous substance.