TITLE 1.

CRIMES AGAINST NATIONAL a) informant

SECURITY AND THE LAW OF THE NATIONS.
b) agent or spy
A. CRIMES AGAINST NATIONAL
SECURITY (TREASON AND c) acting as a finger woman
ESPIONAGE)
d) taking active part in mass killing
Art. 114 Treason – breach of allegiance to a
govt committed by person who owes allegiance *ways of proving treason
to it.
• testimony of 2 witnesses, at least to
Elements: the same overt act

• Filipino citizen / resident alien • confession of the accused in open court

• There is war, Philippines is involved Art. 115 conspiracy and proposal to commit
treason
• Offender either: (modes of committing)
Elements:
a) Levies war against govt
• in times of war (phil is involved)
b) Adheres to the enemies, giving
them aid or comfort • modes:

*allegiance – fidelity and obedience w/c the
individual owes allegiance to the govt under
w/c they live, or to the sovereign , in return for
the protection they receive .
*types of allegiance:
a) two or more persons came to an
agreement
b) a person has proposed to the
execution to some other person or
persons

• Permanent (purpose)

• Temporary (ex: resident alien) c) to levy war against the govt or to

adhere to the enemies giving them
*levies war (must be directed against the aid or comfort
government)
*penalties
• There is actual assembly of men
• conspiracy – prision mayor and 10,000
• Purpose is to execute a treasonable
design by force • proposal – prision correctional and
5,000
*adherence to the enemy – means intent to
betray when a citizen intellectually or Art. 116 misprision of treason
emotionally favors the enemy and harbors
sympathy or convictions disloyal to his Elements:
countries interest.
• offender owes allegiance to the gov’t
*aid and comfort – act w/c strengthens or tends (phil / us) (not resident alien, not being
to strengthen the enemy in the conduct of war a foreigner)
against the traitor’s country and an act w/c
weakens or tends to weaken the power of the • has knowledge of any conspiracy (to
traitor’s country to resist or attack the enemy. commit treason)

Elements: • conceals or does not disclose and make

• Adherence and aid/comfort must be
present
• specific acts of aid/comfort
known as soon as possible to the
governor or fiscal of the province, or
the mayor or the fiscal of the city he
resides
*misprision of treason is punished as an • sec 2. Unlawfully disclosing of
accessory, therefore it is two degrees lower information affecting national defense
than the principal of treason, however he is still
principal of misprision of treason. • sec 3. Disloyal acts or words in time of
peace
*Art. 20 does not apply because art 20 is
applied only to accessory. • sec 4. Disloyal acts or words in time of
war
Art. 117 Espionage – is the offense of
gathering, transmitting, or losing information • sec 5. Conspiracy to violate preceding
respecting the national defense w/ intent or sections
reason to believe that the information is to be
used to the injury of the republic of the phil or • sec 6. Harboring or concealing violators
to the advantage of any foreign nation of the law
Penalty – prision correctional *espionage vs treason
*modes of committing (2 ways) ESPIONAGE TREASON
WHEN: WAR AND WAR
1. By entering w/o authority a warship, fort or
PEACE
naval, or military establishment or reservation
HOW: MANY WAYS 1. LEVYING WAR
to obtain any information, plans, photographs
(DISCUSSED ) AGAINST THE
or other data of confidential nature relative to
GOVT
the defense of Philippines
2. ADHERENCE,
GIVING AID
Elements:
AND
COMFORT
• offender enters any place mentioned

• has no authority
• purpose is to obtain information (plans,
photographs or other data)
confidential nature relative to the
defense of Philippines
2. By disclosing to the representative of a
foreign nation the contents of the articles, data
or information referred in paragraph 1 w/c he
had in his possession by reason of the public
office he holds .
Elements:
• offender is a public officer
• he has in his possession the articles,
data or information by reason of his
public office
• he discloses their contents to
representative of a foreign nation
*other acts of espionage (commonwealth act
no. 616 )
• sec 1. Unlawfully obtaining or
permitting to be obtained information
affecting national defense
B. PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
of Art. 118 inciting to war or giving motives for
reprisals
*penalty – reclusion temporal (public officer
or employee ) prision mayor (any private
individual)
Elements:
• Offender perform unlawful or
unauthorized acts
• Such acts provokes or give
occasion for a war involving or
liable to involve the phil or expose
Filipino citizens to reprisals on their
person or property
a *intention is immaterial, can be caused
by imprudence
*committed in time of peace
Art. 119 violation of neutralism
*penalty – prision correccional
*neutrality – a nation or power w/c takes no • Going to enemy’s country is prohibited
part in a contest of arms going on between by competent authority
others
*resident alien may be guilty of art 121
Elements:
*art 121 cannot be committed when fleeing to
• There is war, but phil is not involved enemy is not prohibited by competent
authority
• There is a regulation issued by
competent authority enforcing C. PIRACY AND MUTINY ON THE HIGH
neutrality SEAS IN PHILIPPINE WATERS

• Offender violates such regulation Art. 122 piracy in general and mutiny on the
high seas or in the Philippine waters (reclusion
Art. 120 correspondence w/ hostile country perpetua)

*correspondence – is communication by means *modes of committing ( 2 ways )

of letter or it may refer to letters w/c pass
between those who have friendly or business 1. By attacking or seizing a vessel on high seas
relation or Philippine waters

Elements: 2. Siezing in the vessel while on the high seas

• There is a war phil is involved
• Offender makes correspondence w/ an
enemy country or territory occupied by
enemy troops
• Correspondence is either (nature of
correspondence):
a)prohibited by govt (prision
correccional)
b) carried on in ciphers or conventional
signs (prision mayor)
C) containing notice or information w/c
might be useful to the enemy
(reclusion temporal)
*even if correspondence contains innocent
matters, if prohibited by govt, punishable
*prohibition is essential in paragraphs 2 and 3
or in Philippine waters, the whole or part of its
cargo, its equipment or personal belongings of
its complement or passengers
Elements:
• Vessel is in the high seas or Philippine
waters
• Offenders are not member of its
complements or passengers
• Offender does 1 or 2
*Piracy – robbery or forcible depredation on the
high seas, w/o lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility
*Mutiny – unlawful resistance to a superior
officer, or the raising of commotions and
disturbances on board a ship against the
authority of its commander

*temporal to death if intended to aid the

enemy PIRACY MUTINY
WHO: STRANGER MEMBERS OF CREW
Art. 121 flight to enemy’s country OR PASSENGERS
WHAT: INTENT TO TO IGNORE THE
Elements: GAIN SHIP’S OFFICERS OR
THEY MAY BE
• There is war w/c the phil is involved PROMPTED TO
COMMIT PLUNDER
• Offender must be owing allegiance
(temporary or permanent) to the govt
Art. 123 qualified piracy
• Offender attempts to flee or go to
enemy country
*penalty – reclusion perpetua to death on the
following circumstances

• Seized a vessel by boarding or firing

upon the same

• Pirates abandoned the victims w/o

means of saving themselves

• Crime is accompanied by murder,

homicide, physical injuries, or rape

(people vs lol-lo and saraw)

*any person aids or protects pirates or abets

the commission of piracy shall be considered
as an accomplice