Criminal Law II – Crimes Against National Security & Law of Nations

Vocabulary flashcards covering key terms, crimes, elements, and distinctions in Title One of the Revised Penal Code: Crimes Against National Security and the Law of Nations.

Treason (Art. 114)

Breach of allegiance by levying war against the Philippines or adhering to its enemies, giving them aid or comfort.

Allegiance

The obligation of fidelity and obedience owed by an individual to a government or sovereign in return for protection.

Levying War

Actual assembling of men for the purpose of executing a treasonable design by force.

Adherence to the Enemy

Intentional intellectual or emotional favor toward the enemy, showing disloyalty to one’s country.

Aid or Comfort

Any act that strengthens the enemy or weakens the Philippines during war.

Two-Witness Rule

Conviction for treason requires testimony of two witnesses to the same overt act or confession in open court.

Conspiracy to Commit Treason (Art. 115)

Agreement of two or more persons in wartime to levy war or aid the enemy and decide to commit it.

Proposal to Commit Treason (Art. 115)

In wartime, a person who has decided to commit treason proposes its execution to another.

Misprision of Treason (Art. 116)

A Filipino conceals or fails to disclose knowledge of a treason conspiracy to authorities; punished as accessory.

Espionage (Art. 117)

Gathering, transmitting, or losing defense information with intent or reason to believe it will aid a foreign nation or injure the Philippines.

Unauthorized Entry Espionage

Entering a warship, fort, or military establishment without authority to obtain confidential defense data.

Disclosure Espionage

Public officer discloses confidential defense data in his possession to a foreign representative.

Inciting to War or Reprisals (Art. 118)

Unlawful or unauthorized acts by which a person provokes war or exposes Filipinos to reprisals; higher penalty for public officers.

Violation of Neutrality (Art. 119)

During a war not involving the Philippines, violation of regulations issued to enforce Philippine neutrality.

Correspondence with Hostile Country (Art. 120)

Communication with an enemy nation during war; penalties vary by prohibition, ciphers, or useful information given.

Flight to Enemy Country (Art. 121)

Attempt by one owing allegiance to flee to enemy country when prohibited by competent authority during war.

Piracy (Art. 122)

Attack or seizure of a vessel, or cargo/persons therein, on the high seas or Philippine waters by persons not crew or passengers.

Mutiny (Art. 122)

Unlawful resistance or disturbance on board a ship by crew or passengers against the commander’s authority.

Qualified Piracy (Art. 123)

Piracy attended by boarding/firing, abandonment without means of rescue, or accompanied by murder, homicide, injuries, or rape.

Piracy & Mutiny as Terrorism (RA 9372)

Piracy or mutiny that creates widespread fear to coerce government is punishable as terrorism with 40-year imprisonment.

Makapili

Wartime Filipino collaborator who identified guerrillas for Japanese forces; classic example of treasonous aid or comfort.

Neutrality

Status of a nation that takes no part in an armed conflict between other powers.

RA 6235 (Aircraft Hijacking)

Law prohibiting seizure, usurpation, or changing course of aircraft, and transporting dangerous substances on passenger planes.

Overt Act (in Treason)

Physical activity that constitutes giving aid or comfort; must be proved by two witnesses.

High Seas

Waters outside Philippine jurisdiction where piracy or mutiny under Art. 122 can occur.