UNIVERSITY OF THE PHILIPPINES

COLLEGE OF LAW
S.Y. 2015-2016

CRIMINAL LAW 2
REPORTS ON:
Espionage, Piracy and Mutiny and Coup dtat
False Testimony

Professor: Prof. Hornilla

Reporter: John Albert R. Amparo
Block: 1-E

Acknowledgements
I offer my sincere thanks to God for this semester for gifting me with supportive
blockmates and the strength needed to sail atop the stormy seas. I also give my thanks
to Prof. Hornilla for being patient with us despite our flaws. To learn the subject is one
thing but to learn about life and living is a different thing altogether. To give your utmost
in every endeavor is a lesson I will keep in heart.

Student warning: The following only contains the contents of the slides and did not include my full
discussion on the topics reported. Please refer to Reyes for a complete exposition and explanation.

PIRACY, MUTINY, ESPIONAGE AND

COUP DE TAT

ESPIONAGE
WHAT IS 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
RoP or to the advantage of any foreign nation (Reyes).
TWO (2) WAYS OF COMMITTING ESPIONAGE UNDER ART. 117:
By entering, without authority
therefor, 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:

By disclosing to a representative
of a foreign nation the contents of
the articles, data or information
referred to in paragraph No. 1 of
Art. 117, which he had in his
possession by reason of the
public office he holds

DIFFERENCE BETWEEN THE 2 WAYS OF COMMITTING ESPIONAGE:

PARAGRAPH 1

PARAGRAPH 2

Offender

Any person

Public officer

Penalty

Prision correctional or Prision

mayor

Prision mayor

C.A. NO. 616

Acts Punished:
1. UNL AWFULLY OBTAINING OR PERMITTING TO BE OBTAINED INFORMATION AFFECTING
NATIONAL DEFENSE.

By going
upon,
entering,
flying over or
otherwise
obtaining
information

Espionage by
obtaining or
permitting to
be obtained
information

By
communicat
ing

By copying,
taking, making
or attempting
or inducing or
aiding another
to copy, take,
make or obtain

By receiving or
obtaining or agreeing
or attempting or
inducing or aiding
another to receive or
obtain from any
sources any of those
data mentioned in
par. B

2. UNL AWFULLY DISCLOSING INFORMATION AFFECTING NATIONAL DEFENSE.

Ways of violating Sec. 2:

By communicating,
delivering or
transmitting or
attempting or aiding or
inducing another to do it,
to any foreign
government

In times of war, by
collecting, recording,
publishing or
communicating or
attempting to elicit any
information

3. DISLOYAL ACTS OR WORDS IN TIME OF PEACE.

Ways of violating Sec. 3:

By advising, counseling, urging or in

any other manner by causing
insubordination, disloyalty, mutiny or
refusal of duty of any member of the
military, naval or air forces of the
Philippines.

By distributing any written or printed

matter which advises, counsels, or urges
such insubordination, disloyalty, mutiny, or
refusal of duty

4. DISLOYAL ACTS OR WORDS IN TIME OF WAR.

Ways of violating Sec. 4:

By willfully making or conveying false reports or false statements

with intent to interfere with the operations or success of the AFP.

To promote the success of its enemies, by willfully causing or

attempting to cause insubordination, disloyalty, mutiny or refusal of
duty in the Armed Forces of the Philippines.

By willfully obstructing the recruiting or enlistment service .

5. CONSPIRACY TO COMMIT THE PRECEDING ACTS.

Requisites:

Conspiracy to
commit the
preceding acts

Two or more persons

conspire to violate
the provisions of Sec.
1, 2, 3 or 4 of this
Act; and

One or more of such

persons do any act to
effect the object of
the conspiracy
conspiracy..

6. HARBORING OR CONCEALING VIOLATORS OF THE ACT.

Requisites:

Harboring or
concealing violators
of the Act.

The offender knows

that a person has
committed or is about
to commit an offense
under this Act; and

The offender harbors

or conceals such
person.

7. MAKING ANY PHOTOGRAPH, SKETCH, PICTURE, DRAWING, MAP OR GRAPHICAL

REPRESENTATION OF VITAL MILITARY, NAVAL AND AIR INSTALLATIONS OR EQUIPMENT AS
DEFINED BY THE PHILIPPINE PRESIDENT AS REQUIRING PROTECTION AGAINST THE GENERAL
DISSEMINATION OF INFORMATION REL ATIVE THERETO

UNLESS he obtains the permission of the commanding officer (or higher authority).of
post, camp or station concerned and promptly submits the product obtained to the same
commanding officer (or higher authority) (Sec. 8).
8. USING OR PERMITTING OR PROCURING THE USE OF AN AIRCRAFT FOR THE SAME PURPOSE
OF VIOL ATING #7 (SEC. 9).

9. REPRODUCING, PUBLISHING, SELLING, OR GIVING AWAY OF UNCENSORED COPIES OF THOSE

MENTIONED UNDER #7 WITHOUT THE 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 TO BE MADE IN A DEFECTIVE MANNER, OR ATTEMPTING TO MAKE OR

CAUSE TO BE MADE IN A DEFECTIVE MANNER, WAR MATERIAL (WHEN THE COUNTRY IS AT
WAR) OR NATIONAL DEFENSE MATERIAL (EVEN IF THE COUNTRY IS NOT AT WAR) (SECS. 12 &
14).

ESPIONAGE VS. TREASON

Espionage

Treason

Condition of
Citizenship

Not conditioned by citizenship of the offender

When committed

Peace and war times

Only in time of war

Manner of
commission

May be committed in many

ways

Only 2 ways:
1.

Levying war; and

2.

Adhering to the enemy, giving them

aid or comfort

THE FILIPINO SPY: LEANDRO ARGONCILLO

Former Marine and FBI Analyst Sentenced to 10 Years for Transferring

Classified Information to Assist in Overthrow of Philippine Government
Aragoncillo, a naturalized U.S. citizen born in the Philippines and most recently of
Woodbury, N.J., was an FBI intelligence analyst at Fort Monmouth, N.J. at the time
of his arrest in 2005. He admitted that his espionage activity continued during his
time as an FBI analyst.
Aragoncillo and Michael Ray Aquino, a former Philippines National Police official,
were arrested on Sept. 10, 2005. Aquino was among those to whom Aragoncillo
passed classified information
Aragoncillo admitted that he regularly transferred to his Philippine contacts
national security documents classified as Secret, and that the information could be
used to the injury of the United States or to the advantage of a foreign nation. He
also admitted traveling to the Philippines in January 2001 to meet his coconspirators, including during a visit to the Malacanang Palace, the official
residence of the president of the Philippines.
Aragoncillo admitted that some of the classified information he removed from of
the Office of the Vice President between approximately October 2000 and February
2002 included information marked Top Secret that related to terrorist threats to
United States government interests in the Philippines.
ECONOMIC ESPIONAGE

House Bill 1471 or the Economic Espionage and Protection of Proprietary

Information Act of 2010

 Proprietary economic information shall cover all forms and types of financial,
business, scientific, technical, economic, or engineering information including, but
not limited to data, plans, tools, mechanisms, compounds, formulas, designs,
prototype, processes, procedures, programs, codes or commercial strategies,
whether tangible or intangible and whether stored, compiled, or memorialized
physically, electronically, graphically, photographically, or in writing

PIRACY AND MUTINY

PIRACY

Robbery or forceful depredation on the high seas without lawful authority and done with
animo furandi and in the spirit and intention of universal authority. (Reyes)
2 WAYS OF COMMITTING PIRACY:

By
By
attacking
attacking
or
seizing a
or seizing
a
vessel
on
vessel on
the
the high
high
seas
seas or
or in
in
Philippine
Philippine
waters
waters

By
the
By seizing
seizing in
in the
vessel while
the
vessel
while on
on the
high
or in
high seas
seas or
in
Philippine
Philippine waters
waters the
the
whole
or
part
whole or part of
of its
its
cargo, its
its equipment
cargo,
equipment
or
or personal
personal
belongings
belongings
complement
or
complement or
passengers
passengers

ELEMENTS OF PIRACY UNDER ART. 122

Vessel
Vessel on
on the
the high
high seas
seas
or
in Philippine
Philippine Waters
or in
Waters

Piracy
Art. 122
Piracy under
under Art.
122

Offender
is not
Offender is
not a
a
complement
complement or
or
passenger
passenger of
of the
the vessel
vessel
Attacks
Attacks or
or seizes
seizes the
the
vessel
vessel
Offender
Offender

Seizes
or part
Seizes whole
whole or
part of
of
the
cargo, equipment,
equipment, or
the cargo,
or
personal
belongings
of
personal belongings of
the
the
complements/passenger
complements/passenger
s
s

DEFINITION OF TERMS UNDER PD 532

Philippine Waters: It shall refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and
all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.
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, shall
be considered as piracy. The offenders shall be considered as pirates and punished
as hereinafter provided.
MUTINY

Unlawful resistance to a superior officer, or the raising of commotions and

disturbances on board a ship against the authority of its commander. (Reyes)
PIRACY VS. MUTINY

Piracy

Mutiny

Committed by

Strangers to the vessel

Members of the crew or

passengers

Intent to gain

Essential

Not essential (may only intend

to ignore the ships officers or
they may be prompted to
commit plunder)

Committed on

High seas or Philippine waters

When considered as Terrorism

Under RA 9372, a person who commits an act punishable as piracy and
mutiny under Art. 122 thereby sowing and creating a condition of widespread
and extraordinary fear and panic among the populace, shall be guilty of the
crime of terrorism, and shall suffer the penalty of 40 years imprisonment,
without the benefit of parole.
DIFFERENCE BETWEEN THE PROVISIONS

Art. 122 under

the RPC

P.D. No. 532

Art. 122 under

R.A. No. 7659

Issued

1930

1974

1993

Coverage

High seas

In
waters

Philippine

High seas or in
Philippine waters

By any person not

a member of its
complement nor a
passenger thereof

By any person
including
a
passenger
or
member of the
complement
of
said
vessel
in
Philippine waters

By any person not

a member of its
complement nor a
passenger thereof

reclusion
temporal

reclusion
temporal in its
medium
and
maximum periods

reclusion
perpetua

Accompanied,
among others, by
physical injuries
or other crimes
are committed as
a result or on

Accompanied,
among others, by
murder, homicide,
physical injuries,
or rape

Penalty

When qualified

occasion thereof
or when murder,
homicide or rape
is committed by
reason
or
on
occasion thereof

Both laws exist separately according to Reyes with neither repealing the other.
What crime may one be held liable for when piracy is committed within Philippine
waters by a person who is not a passenger or crew?
Either be piracy under P.D. 532 or Art. 122 as amended
I would guess that he should be held liable under Art. 122. There was a
partial repeal.
PEOPLE V. SIYOH (1986)

De Guzman and his friends were travelling merchants. On a particular trip, they
were accompanied by Kiriam and Siyoh. They were able to sell their goods at Pilas
and other islands but while on their way back, De Guzman and friends met a pump
boat with 2 men whom he recognized as people Kiriam and Siyoh had once talked
to. Kiriam and Siyoh threw the other pump boat ropes and began to tow them off
to a different island. They were divested off their money and goods. They were
even ordered to undress. Kiriam and Siyoh then hacked his companions but luckily
De Guzman was able to jump into the sea and escape, receiving a shot in the back
in the process.
Only Siyoh and Kiram were apprehended and found guilty qualified piracy with
triple murder and frustrated murder.
QUALIFIED PIRACY

Art. 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,
under any of the following circumstances:
1.

Whenever they have seized a 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 is accompanied by murder, homicide, physical injuries or
rape.
COMPARISON OF PROVISIONS

Penalty

ART. 123 under the

RPC

P.D. No. 532

Art. 123 under R.A.

No. 7659

reclusion temporal to
death

reclusion
perpetua
(Physical injuries or
other crime) or death
(rape,
murder
or
homicide)

reclusion perpetua to
death

Special Complex Crime

Qualifying Circumstances:
Whenever they have seized a vessel by boarding or firing upon the same;
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.
PEOPLE V. RODRIGUEZ (1985)

At about 3:15 AM on Aug. 31, 1981, Peter Ponce, Jaime Rodriguez, Dario Dece and
Rico Lopez attacked the vessel M/V Noria, of which they where crew members,
about 25 miles from the port of Cagayan de Tawi-Tawi. They, all armed with rifles,
started firing indiscriminately towards the other crew members and passengers.
The passengers and the other crew members were then ordered to throw
overboard sacks of copra and some dead bodies. About 10am of the same day, the
vessel reached an island where the four appellants were able to secure
pumpboats. They ordered the skipper to load in one of the pumpboats nine (9)
attache cases which were full of money. The appellants boarded the pumpboats
bringing with them: dressed chicken, softdrinks, durian, boxes of ammunitions,
gallons of water and some meat, as well as rifles.
The Municipal Health Officer went aboard the vessel when it arrived at Cagayan de
Tawi-Tawi on September 2, 1981 and saw at the wharf 10 dead bodies. Appellants
were convicted and sentenced with the death penalty.
Single indivisible penalties such as death are to be applied regardless of mitigating
or aggravating circumstances. Testimonies showed that Peter participated in the
commission as well as indiscriminately shot at the passengers.
AIDING PIRATES OR ABETTING PIRACY UNDER PD 532 (SEC. 4)

 Any person who shall knowingly aid or protect pirates will be considered as an
accomplice in the commission of piracy and punished according to the rules under
the RPC
MODES OF AIDING OR ABETTING PIRACY

;
Knowingly aids or protects
pirates (such as giving them
information about the
movement of police or other
peace officers of the
government)

Aiding or abetting piracy

Acquires or receives property

taken by such pirates or
brigands or in any manner
derives any benefit
therefrom

Directly or indirectly abets

the commission of piracy

It shall be presumed that any person who does any of the acts provided in this
Section has performed knowingly, unless the contrary is proven.

COUP DTAT
AN ACT PUNISHING THE CRIME OF COUP DTAT BY AMENDING ARTICLES 134, 135 AND
136

Republic Act No. 6968

October 24, 1990
ELEMENTS OF COUP DTAT (ART 134-A AS AMENDED)

1. That the offender is a person or persons belonging to the military or police or

holding any public office or employment;
2. That it is committed by means of a swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. That the attack is directed against duly constituted authorities of the RoP or any
military camp or installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of power;

4. That the purpose of the attack is to seize or diminish state power.

Note: With or without civilian participation
PENALTY AND CONSPIRACY AND PROPOSAL TO COMMIT
ART. 135 PENALTY FOR COUP DTAT

Reclusion perpetua
prision mayor in its maximum period
Any person who leads or in any
manner directs or commands
reclusion temporal in its
others to undertake a coup
Any person in the government maximum period
dtat
service who participates, or
executes directions or
Any person not in the
commands of others in
government service who
undertaking a coup dtat
participates, or in any manner
supports, finances, abets or
aids in undertaking a coup
dtat

IF THE LEADER/S IS UNKNOWN?

He shall be deemed a leader if he/she directed the others, spoke for them, signed
receipts and other documents issued in their name, as performed similar acts, on behalf
of the rebels
CONSPIRACY AND PROPOSAL TO COMMIT COUP DTAT, REBELLION OR INSURRECTION (ART.
136)

The conspiracy and proposal to commit coup dtat shall be punished by prision mayor
in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).
WHEN CONSIDERED AS TERRORISM UNDER SEC. 3 OF R.A. NO. 9372:

A person who commits coup dtat, including acts committed by private perIfsons,
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 an
unlawful demand shall be guilty of the crime of terrorism.
REBELLION VS. COUP DETAT

REBELLION

Classification

Purpose

Crimes against public order

1.

2.

Manner

COUP DETAT

To remove from the

allegiance to said
government or the laws of
the territory of the PH or
anybody of land, naval, or
other armed forces, or

To seize or diminish state power

Criminal objective is to destabilize,
immobilize or paralyze the existing
government

To deprive the Chief

Executive or Congress of
any of their powers.

Committed through force and

violence:
1.

Public uprising; and

2.

By taking arms against

the government for any
of the specified purposes
in Art. 134.

Swift attack accomplished by

violence, intimidation, threat,
strategy or stealth

Object against
which the attack is
committed

Against the Government

Against duly constituted authorities of

the ROTP or any military camp or
installation, communication networks,
public utilities or other facilities
needed for the exercise and
continued possession of power.

Person committing

Any person

Belongs to the military or police or

holding any public office or
employment

Number of
offenders

Multitude

Singly or collectively

IS THE OAKWOOD MUTINY A COUP DTAT?

No. Two of the Magdalo soldiers that were convicted by the Makati RTC were
acquitted by the CA holding that not all the elements of Coup dtat were
established. It was no military establishment but a hotel that they laid siege on.
Furthermore, it was not proven that the purpose was to diminish state power or to
put themselves in power. They were merely asking that the President and other
officers resign.
SYLLABUS CASES

 Enrile vs. Salazar

This is a petition for writ of habeas corpus whereby Enrile contends that he
was being illegally detained. He was arrested by virtue of an information
charging him, the spouses Rebecco and Erlinda Panlilio (who were the
petitioners on the second case), and Gregorio Honasan with the crime of
rebellion with murder and multiple frustrated murder allegedly committed
during the period of the failed coup attempt from November 29 to December
10, 1990. He raises the defense that no such crime exists.
Although the Court agrees, it should be merely written off as mere flight of
rhetoric. He was charged and should be charged of simple rebellion as held
in Hernandez that rebellion may not be complexed with other crimes be in
furtherance of rebellion or on occasion thereof.
People v. Dasig (1993)
Members of the sparrow unit of the NPA ambushed police officers and killed
one of them. Court holds that accused is not guilty of murder with direct
assault but simple rebellion because all acts in furtherance of rebellion are
absorbed in the crime.
People v. Oliva (2001)
There were no eyewitnesses as to how the killing happened but Oliva
together with 7 others were charged with the crime of kidnapping with
murder. Oliva claims that he should have been charged with Rebellion. The
court affirmed the conviction ruling that Offenses not in furtherance of
rebellion are to be charged separately even if committed simultaneously with
rebellious acts. Circumstantial evidence proved his participation in the crime,
hence, he was rightfully convicted
Umil vs. Ramos
Eight (8) petitions for habeas corpus were filed before the court and
consolidated in this resolution; except for one case where inciting to sedition
was charged, the rest are charged with subversion for being a member of the
New Peoples Army.
Respondents allege that petitioners were legally arrested and detained by
virtue of valid information filed in court against them. Petitioners on the
other hand say that the detention is unlawful and they were arrested without
warrants- and that no preliminary investigations were conducted so the
informations filed are null and void.
Petitioners have not been illegally arrested nor arbitrarily deprived of
constitutional right to liberty. Circumstances attending the cases do not
warrant release on habeas corpus.

 Persons in whose behalf these petitions for HC have been filed have actually
freshly committed or were committing offense when apprehended so their
arrests without warrant were justified. Regarding the subversion cases, the
arrests were legal since subversion is a form of a continuing crime together
with rebellion, conspiracy or proposal to commit rebellion/subversion, and
crimes committed in furtherance thereof or in connection therewith. On the
inciting to sedition case, the arrest was legal since an information was filed
prior to his arrest. Lastly, the arrests were not fishing expeditions but a result
of an in-depth surveillance of NPA safe houses pinpointed by none other than
members of the NPA.
People vs. Lovedioro (1995)
Off-duty policeman SPO3 Jesus Lucilo was walking along a street when a man
suddenly walked beside him, aimed a gun at his right ear and fired. The man
who shot Lucilo had 3 other companions, one of whom shot the fallen
policeman four more times as he lay on the ground. Lucilos assailants then
took his service firearm and fled aboard a tricycle.
Nestor Armenta witnessed the incident from a distance of 9 meters and said
that he knew both the victim and man who fired the fatal shot. He said the
assailant was Elias Lovedioro, his nephew. Lovedioro was convicted in the
trial court of Murder. In this appeal, Lovedioro claims that: He shouldve been
convicted with Rebellion, not Murder, because prosecution witness Armenta
has identified him as a member of the Nre Peoples Army. He was merely a
participant in the crime, not a principal, because he was only the look-out.
Court ruled that in the absence of clear and satisfactory evidence
establishing the political motive for the killing of SPO3 Lucilo, the crime
committed, as correctly ruled by the trial court, is Murder and not Rebellion.

FALSE TESTIMONY