Crimes Against National Security

TREASON:

It is a breach of allegiance t o a government,

committed by a person who owes allegiance to it.

Allegiance

The obligation of fidelity a n d o b e d i e n c e w h i c h t h e

individual o w e s to t h e g o v e r n m e n t u n d e r w h i c h h e

lives or to his sovereign, in return for the protection

he receives.

Why can an alien be prosecuted under treason:

due to the temporary

allegiance he owes to the Philippine government

which will continue for as long as he resides in the country

ELEMENTS OF TREASON:

(AWO-LA)

1. The offender (a Filipino citizen or an alien

residing in the Philippines) owes Allegiance to

the Government of the Philippines;

2. There- is a Wa r in which the Philippines is

involved/and

3. The Offender either:

a . Levies war against the government; or

b. Adheres to the enemies, giving them aid or

comfort

TWO WAY S

OF COMMITTING

TREASON:

A. Levying war

B. Adherence to the e n e m i e s of t h e

Philippines, giving them aid or comfort

Requisites for Levying war

REQUISITES:

1. There is an actual assembly of men; and

• for the purpose of delivering the country to an

  external enemy and not merely to an internal

  rebellious force or uprising

2. For the purpose of executing a treasonable

design by force

The levying of war must be:

1. With intent to overthrow the government (by force and arms)

2. In collaboration with a foreign enemy

   • Absent the collaboration: Rebellion

Adherence to the e n e m i e s of t h e

Philippines, giving them aid or comfort

1.. Adherence to the Enemies; and

2. Giving Aid or Comfort to them

Adherence to Enemy

There intent to betray. The accused

intellectually or emotionally favors the enemy

and harbors sympathies or convictions disloyal

to his country's policy or interest

How can adherence be proven:

1. By one witness;

NOTE: Adherence to the enemy, in the

senso of a disloyal state of mind, cannot and

need not be proved by deposition of two

witnesses, because what is designed in the

mind of an accused is never susceptible of

proof by direct testimony.

2. From the nature of the act itself; or

3.From the circumstances surrounding the act

Giving Aid or Comfort

it m e a n s an act which strengthens or tends to

strengthen the enemy in the conduct of war

against the traitor's country or any act which

weakens. or tends to weaken the power of the

traitor's country to resist or to attack the enemy

Test

Not essential thatthe effort be successful; provided overt acts are done which if successful would advance the interest of the enemy

Extent of Aid or Comfort

The extent of aid and comfort given to the

enemies must be to render assistance to them

as enemies and not merely as individuals and,

in addition, be directly in furtherance of the

enemies' hostile designs

Required of Giving Aid:

It must be a deed or physical activity and not

m e r e l y mental operation.

Can there be treason through negligence?

There is no treason through negligence.

The overt act of giving aid or comfort to the

enemy must be intentional

WAYS OF PROVING TREASON

1. Testimony of at least two witnesses to

the same overt act (Two-Witness Rule)

2. Confession of guilt by the accused in

open court.

• The confession in open court, upon which a

defendant may be convicted of treason is a

confession of guilt.

Requisite of the Two-Witness Rule

1. testimonies must be uniform; need not corroborate on all points.

2. deficiency in minor details does not invalidate the testimony

3. two overt acts: 2 witnesses in each part of OA

4. if the court says 1 witness is needed, one can suffice

TREASON IS A CONTINUOUS OFFENSE

Treason. may be committed by one single act, by a

series of acts, or by several series thereof, not only

in a single time, but in different times, it being a

continuous crime

TREASÓN, CANNOT BE COMPLEXED

WITH OTHER CRIMES

Treason absorbs crimes committed in furtherance

thereof

When can common crimes be considered separately from treason:

when they are committed for a private or personal

purpose or motive and not for the purpose of "giving

aid or comfort to the enemy" as an element of

treason

VALID DEFENSES AGAINST CHARGE

FOR TREASON:

1. Duress of immediate death

2. Obedience to a de facto government

Absolved: accepting official duties under the gov’t but not when the decision is policy-making.

INVALID DEFENSES AGAINST CHARGE

FOR TREASON:

S u s p e n d e d allegiance

Change in sovereignty

Loss of citizenship by joining the army

of the enem

CIRCUMSTANCES INHERENT. IN

TREASON:

(EAT)

1. Evident premeditation;

2. Abuse of superior strength; and

3. Treachery

CIRCUMSTANCES AGGRAVATING IN

TREASON

(ICAG):

Ignominy;

Cruelty;

Amount or degree of ald; and

Gravity of separate distinct acts of treason

TREASON AND SEDITION,

DISTINGUISHED

Crime against NS; Crimes against FL of the State

War crime ; Internal conflict ‘

Limited in the 2 ways mentioned; Causing public and tumultuous disturbances in the country

The purpose of levying war is to aid the enemy; the five specific purposes:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof

CONSPIRACY TO COMMIT TREASON

It is committed when in time of war, two or more

persons come to an agreement to levy war against

the Government or adhere to the enemies and give

them aid or comfort, and decide.to commit it

PROPOSAL TO COMMIT TREASON

It is committed 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 itsexecution to some. other

person or persons

What is the exception to the general rule that conspiracy and proposal to commit a felony is not punishable:

conspiracy and proposal to commit treason.

In conspiracy and proposal to commit treason, does the two-witness rule apply?

The two-witness rule does not apply because this is

a separate and distinct offense from that of treason

What absorbs conspiracy and proposal to commit treason?

If the crime of treason w a s committed a s a result of

conspiracy or proposal therefor

MISPRISION OF TREASON

Misprision of treason is the failure of a citizen to

report as soon as possible a conspiracy, which

comes to his knowledge, against the government.

But there must be a war in which the Philippines is

involved

ELEMENTS - MISPRISION OF TREASON

(C3)

1. The offender is a Citizen of the Philippines, and

not a foreigner;

2. He has knowledge of any Conspiracy to commit

treason against the Government; and

3. He Conceals or does not disclose and make

known the same a s soon as possible to the

proper authority

ART. 116 IS AN EXCEPTION TO THE

RULE THAT MERE SILENCE DOES NOT

MAKE A PERSON CRIMINALLY LIABLE

Failure to report violations of the law is not a crime,

except in certain cases such as Art. 116 and

concealing "evil practices" in the course of sedition

Punishment of Offender under Misprision of Treason

Principal per se but punished as an accessory

ESPIONAGE

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 a foreign nation

TWO WAYS O F COMMITTING

ESPIONAGE:

1. By Entering, without authority, a warship, fort, or

military or naval establishment or reservation to

obtain any information, plans, photographs, or

other data of confidential nature relative to the

defense of the Philippines

2. By Disclosing to the representative of a foreign

   nation the contents of the articles, data or

   information r e f e r r e d to in t h e preceding

   paragraph, which he had in his possession by

Requisite - First Mode of Espionage

ELEMENTS: (PAP)

1. That the offender enters any of the Places

mentioned therein:

A. Warship,

b. Fort, or

C. Military or naval establishment. or

reservation;

2.That he has no Authority therefor; and

3. That his Purpose is to obtain information,

plans, photographs or other data of a

confidential nature relative to the defense of

the Philippines

Note: The offender may be any person. a citizen, alien, or public officer. Also, the purpose need not be accomplished.

Requisite - Second Mode of Espionage

1. 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; and

3. That he Discloses their contents to a

representative of a foreign nation

Punishable Acts - COMMONWEALTH ACT NO. 616

(THE ESPIONAGE ACT)

AN ACT TO PUNISH ESPIONAGE AND

OTHER OFFENSES AGAINST

NATIONAL SECURITY

1. Unlawfully obtaining or permitting to be

obtained information affecting national

defense.

2. Unlawfully disclosing affecting national defense (Sec, 2);

3. Disloyal acts or words in time of peace

(Sec. 3);

4. Disloyaltacts or words in time of war

(Sec. 4);

5. Conspiracy to commit the preceding

acts (Sec. 5);

Harboring or concealing violators of the Act

Photographing defensive installations

8. Using, permitting, or procuring the use

of an aircraft for the same purpose of

violating No.7 (Sec. 9);

9. Reproducing, publishing, selling, o r

giving away of uncensored copies of

t h o s e mentioned u n d e r No.7 without t h e

permission of the commanding officer or.

higher authority (Sec. 10);

10. Destroying or injuring or attempting to

injure or destroy war material (when the

country is at war) or national defense

material, premises or utilities (even if the

country is not at war) (secs. 11 & 13);

11. Making or causing t o b e made in a

defective manner, or attempting to make

o r causing t o be made i n a defective

manner, war material (when the country

is at war) or national defense, m

ESPIONAGE AND TREASON,

DISTINGUISHED

Both are crimes not conditioned by the citizenship

of the offender.

May be committed in peace or war time; only war time

may be committed in many ways; Limited to: 1) Levying war and 2) Adhering to the enemy, giving them aid or comfort

Requisites - Conspiracy to commit the preceding

acts

REQUISITES:

a. Two or more persons conspire to violate the

provisions of Secs. 1, 2, 3, or 4 of this Act;

and

. One or more of such persons do any act t

effect the object of the conspiracy

Requisites

a. The offender knows that a person has

committed or is about to commit an offense

under this Act;

b. The offender harbors or conceals such

ELEMENTS - INCITING TO WAR OR GIVING

MOTIVES FOR REPRISALS

1. The offender performs Unlawful or unauthorized

acts; and

2. Such acts:

a. Provoke or give occasion for a war involving

or liable to involve the Philippines; or

b. Expose Filipino citizens to reprisals on their

persons and property

REPRISAL

It is an act of self-help on the part of the injured state,

responding after an unsatisfied d e m a n d to an act

contrary to international law on the part of the

offending state.

CAN INCITING TO WAR OR GIVING

MOTIVES FOR REPRISALS BE COMMITTED THROUGH IMPRUDENCE

Yes.

VIOLATION OF NEUTRALITY

(WIO)

1. There i s a Warlin which the Philippines is not

i n v o l v e d .

2. There is a regulation Issued by a competent

a u t h o r i t y for the purpose of enforcing neutrality;

and son

3. The Offender violates such regulation (Id.).

Note: There must be a regulation issued by competent authority.

NEUTRALITY

A nation or power which takes no part in a contest of

arms goingson between others

CORRESPONDENCE WITH

HOSTILE COUNTRY

ELEMENTS: (TM-PCC)

It is made in Time of war in which the Philippines

is involved;

2. The offender Makes correspondence with the:

a. Enemy country; or

b. Territory occupied by the enemy troops; and

3. The correspondence is either:

a. Prohibited by the Government;

b. Carried on in ciphers or conventional signs;

c. Contains notice or information which might

be useful to the enemy (Id.).

CORRESPONDENCE

Communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.

Information carried on in Ciphers or useful to the enemy

Prohibition not essential

CIRCUMSTANCES QUALIFYING THE

OFFENS

1. The notice or information might be useful to the

enemy; and

2. The offender intended to aid the enemy

What is the crime if the intention in giving notice or info is to aid the enemy?

Treason

ELEMENTS - FLIGHT TO ENEMY'S COUNTRY

1. There is a War in which the Philippines is

involved;

2. The offender owes Allegiance to the

Government;

3. The offender Attempts to flee or go to the enemy

country; and

4. Going to the enemy country is prohibited by the

competent authority

Note: may be committed by an alien. Mere attempt to flight consummates the crime.

PIRACY

It is robbery or forcible depredation on the high seas,

without lawful authority and done with animo furandi

(intention to steal) and in the spirit and intention of

universal hostility.

TWO MODES OF COMMITTING PIRACY:

TWO MODES OF COMMITTING PIRACY:

Attacking or seizing a vessel on the high seas or

- in Philippine waters; or

2. Seizing in the vessel, while on the high seas or

in Philippine waters, the whole or part of its

cargo, its equipment or personal belongings of

its complement or passengers

ELEMENTS OF PIRACY

1. A Vessel is on the high seas or in Philippine

waters;

2. The offenders are not m e m b e r s of its

complement passengers of the vessel

(applicable only to the 2nd mode of piracy)

3. The offenders:

a. Attack or seize the vessel; or

b. Seize the whole or part of the cargo of said

vessel, its equipment personal belongings of its complement or passengers

High Seas

Wates beyond the bounderies of the lowe-water mark, athough souch waters may be in the jurisdictional limits of a foreign government;

Parts of the sea that are not included in the exclusive economic zone, territorial seas, internal waters of a state, or in the archipelagic waters of an archipelagic state

Philippine Waters

Al bodies of water, such as but not limited to seas.

guifs, bays around, between and connecting each of the islands of the PH archipelago irrespective of depth, breadth, length or dimension, and all other waters belonging to the PH by historic or legal title.

PIRACY IS TRIABLE ANYWHERE

It may be punished in the

competent tribunal of any country where the offender

may be found or into which he may be carried

MUTINY

It is the unlawful resistance to a superior, or the

raising of commotions and disturbances on board a

ship against the authority of its commander

Piracy vs. Espionage

Either in Philippine waters or on the high seas.

strangers to the vessel; members of the crew or passengers

intent to gain; may only intend to ignore the ship’s officers or they may be prompted by the desire to commit plunder

PRESIDENTIAL. DECREE NO. 532

ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW OF 1974

(Refer to SPL part for a detailed discussion. See

page 490)

Vessel

Any vessel or watercraft used for transport of

passengers and cargo from one place to another

through Philippine Waters. It shall include all kinds

and types of vessels or boats used in fishing

Piracy

Any attack upon or seizure of any vessel, or the

taking away of the 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

PA - PRESIDENTIAL. DECREE NO. 532

ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW OF 1974

1. Piracy;

2. Highway robbery/brigandage (P. D. No. 532,

Sec. 3); and

3. Aiding pirates or highway robbers/ brigands or

abetting piracy or highway robbery/ brigandage

IRACY UNDER RPC AND UNDER

P.D. NO. 532, DISTINGUISHED

PH water and high seas; PH waters only

Any person - in case of an attack upon or seizure of vessel

Excludes crew members or passengers - seizure of the whole cargo or personal belongings or equipments

AIDING OR ABETTING OF PIRACY

Any person who shall knowingly aid or abet piracy

will b e considered as an accomplice in the

commission of piracy and punished according to the

rules under the RPC

REQUISITES - AIDING OR ABETTING OF PIRACY

1. Knowingly Aids or protects pirates;

2. Acquires or receives Property taken by such

pirates, or in any manner derives any benefit

therefrom; a n d

3. Directly or indirectly Abets the commission of

piracy

QUALIFIED PIRACY: QUALIFYING CIRCUMSTANCES: (BAC-

MHPR)

1 . Whenever the offenders have seized the vessel

by Boarding or firing upon the same;

2. Whenever the pirates have. Abandoned their

victims without means of saving themselves; or

3. Whenever the Crime (piracy and mutiny in high seas) is accompanied by Murder, Homicide, Physical injuries, or Rape

Qualified Piracy

Special Complex Crime

Qualified Mutiny

Whenever the pirates have. Abandoned their

victims without means of saving themselves; or

Whenever the Crime is accompanied by Murder,

Homicide, Physical injuries, or Rape

PA - REPUBLIC ACT NO. 6235

ANTI-HIJACKING LAW

1. Usurping or seizing control of an aircraft

of Philippine registry while it is in flight;

or compelling the pilots thereof to

change its course or destination;

2. 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

3. Shipping, loading, carrying in any passenger aircraft operating as a public utility within the PH, substances which are flammable, corrosive, explosive or poisonous substances.

4. Shipping, loading, or carrying in any cargo aircraft operating as a public utility within the PH, substances that are flammable, corrosive, explosive or poisonous substance, if not done in accordance to the rules and regulations of Air Transportation

QUALIFYING CIRCUMSTANGES IN NOS. 1

A N D 2 in Anti Hijacking Law

A N D 2 :

When the offender has fired upon the pilot,

member of the crew, or passenger of the

aircraft;

2. When theoffender has exploded or

attempted to explode any bomb or explosive

to destroy the aircraft; or

3.

Whenever the crime is accompanied by

murder, homicide, serious physical injuries

or rape (Sec. 2, R.A. No. 6235). Thus, such

common crimes are considered aggravating

circumstances only; they are not separated

from or complexed with the crime of

hijacking.

FOUR KINDS OF AIRCRAFT AND THEIR

TREATMENT IN LAW:

1. Aircraft of Philippine registry

it must be in flight.

2. Aircraft of foreign registry

It need not be in flight.

3. Public utility passenger aircraft

- Mere carrying of prohibited substances is

criminal.

4. Public utility cargo aircraft

Non-compliance with the ATO rules and

regulations constitutes the criminal act (BOADO

supra at 415).