Elements and Notes in Criminal Law Book II by RENE CALLANTA

TITLE ONE

CRIMES AGAINST NATIONAL SECURITY

Crimes against national security

1.Treason (Art. 114)

2. Conspiracy and proposal to commit treason (Art. 115);

3.Misprision of treason (Art. 116); and

4.Espionage (Art. 117).

Crimes against the law of nations

1.Inciting to war or giving motives for reprisals (Art. 118);

2.Violation of neutrality (Art. 119);

3.Corresponding with hostile country (Art. 120);

4.Flight to enemy's country (Art. 121); and

5.Piracy in general and mutiny on the high seas (Art. 122).

The crimes under this title can be prosecuted even if the criminal act or acts
were committed outside the Philippineterritorial jurisdiction. However, prosecution
can proceed only if the offender is within Philippine territory or broughtto the Philippines
pursuant to an extradition treaty. This is one of the instances where the Revised Penal
Code may begiven extra-territorial application under Article 2 (5) thereof. In
the case ofcrimes against the law of nation, theoffender can be prosecuted
whenever he may be found because the crimes are regarded as committed
againsthumanity in general.

Article 114

TREASON
ELEMENTS:

a.That the offender owes allegiance to the Government of

the Philippines
b.That there is a war in which the Philippines is involved
c.That the offender either
1) Levies war against the government,
1.breech of allegiance

2.actual assembling of men

3.for the purpose of executing a treasonable design

2) Adheres to the enemies, giving them aid and comfort

1.breech of allegiance

2 .adherence

3.giving aid or comfort to the enemy

Requirements of levying war

1) Actual assembling of men;

2) To execute a treasonable design by force;

3) Intent is to deliver the country in whole or in part to the enemy; and

4) Collaboration with foreign enemy or some foreign sovereign

Success is not important. What matters is the actual assembly of men and the
execution of treasonable design by force.

Ways of proving treason:

a.2 witnesses testifying to same overt act

The testimonies must refer to the same act, place and moment of time.
Treason cannot be proved by circumstantial evidence or by extrajudicial confession.

Example: X saw arms landed in La Union and loaded into a motor vehicle. At
this stage not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict?
Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.

b. Confession of the accused in open court

Arraignment, pre-trial, trial OK.

1.If he has pleaded NOT guilty already during arraignment, he can

s t i l l c o n f e s s i n o p e n c o u r t b y stating the particular acts constituting treason.

2.During trial, simply saying Im guilty is not enough.

3.Withdrawing plea of not guilty during arraignment not necessary

4.If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.

Treason: breach of allegiance to the government, committed by a person who owes

allegiance to it. Allegiance :obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.

Evident premeditation, superior strength and treachery are circumstances inherent in

treason, and are, therefore ,not aggravating.

Treason cannot be committed in times of peace, o n l y i n t i m e s o f w a r

actual hostilities .But no need for declaration of war.

Not Treasonous:

a. Acceptance of public office and discharge of official duties under the enemy does
not constitute per sethe felony of treason (exception: :when it is
policydetermining)

b. Serving in a puppet government (ministerial functions) and in order to

serve the populace is NOTtreasonous.
But it is treason if
: a) there is discretion involved;
b) inflicts harm on Filipinos;
c) it is disadvantageous to them.
c.Purpose of offender: to deliver the Philippines to enem y countr y;
i f m e r e l y t o c h a n g e o f f i c i a l s n o t treason
On Citizenship

a.Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.

b.Only Filipino citizens or permanent resident aliens can be held liable

c. Alien:
with permanent resident status from the BID it is neither the length of stay
in the Philippinesnor the marriage with a Filipino that matters.

Actual hostilities may determine the date of the commencement of war

No such thing as attempted treason; mere attempt consummates the crime


Giving aid or comfort material element, enhances forces of the enemy country.Acts
which strengthen or tend to strengthen the enemy in the conduct of war
against the traitors country or that which weaken and tend to weaken the power of
the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily giving aid and comfort.

Adherence and giving aid or comfort must concur together

.

Adherence: when a citizen intellectually or emotionally favors the enemy and harbors
convictions disloyal to his countrys policy. But membership in the police force during the
occupation is NOT treason.

Example: Giving information to, or commandeering foodstuffs for the enemy.

Adherence may be proved by :

(1) one witness;
(2) from the nature of the act itself;
( 3 ) f r o m t h e circumstances surrounding the act.

When this adherence or sympathies are converted into aid and comfort, only
then they take material form.
This m a t e r i a l f o r m i s n o w w h a t i s m a d e p u n i s h a b l e . I t i s u s u a l l y
m a n i f e s t e d b y t h e o f f e n d e r i n g i v i n g i n f o r m a t i o n , commandeering
foodstuffs, serving as spy and supplying the enemy with war materials.

Treason is a CONTINUING CRIME.

Even after the war, offender can be prosecuted. Treason is a continuing offense. It can
be committed by a single act or by a series of acts. It can be committed in one single
time or at different times and only one criminal intent. In construing the provisions
relating to the commission of several acts, the same must be done in pursuance or
furtherance of the act of treason. No matter how many acts of treason are committed by
the offender, he will be liable for only one crime of treason.

If you convict a person for treason by reason of irresistible force or uncontrollable fear,
you may use Art.12.

No treason through negligence

In the imposition of the penalty for the crime of treason, the court may
disregard the presence of mitigating and aggravating circumstances. It may
consider only the number, nature and gravity of the acts established during the trial.The
imposition of the penalty rests largely on the exercise of judicial discretion.