CRIMES AGAINST NATIONAL SECURITY
authority for the purpose of enforcing
Art. 114. TREASON
Elements:
1. The offender is a Filipino Citizen or an alien
residing in the Philippines,
2. That there is a war herein the Philippines is
involved.
3. The offender either –
a. Levies war against the Government, or
b. Adheres to the enemies, giving them
aid or comfort
Nota bene: Treason can only be committed in times of WAR.
How can the offender be convicted of treason? – Thru 2
witness rule OR confession in an open court.
ART. 115. MISPRISION OF TREASON
Elements:
1. The offender is not a foreigner.
2. He has knowledge on the conspiracy
3. He concealed his knowledge
ART. 117. ESPIONAGE
First way to commit espionage is by:
a) Entering without authority in a warship, naval or
military establishments or reservation to obtain
INFORMATION, PLANS, PHOTOGRAPHS, OR OTHER
DATA OF A CONFIDENTIAL NATURE RELATIVE TO
DEFENSE OF THE PHILIPPINES.
b) Disclosing to the representative of a foreign nation
the contents of the articles, data or information
referred to the first paragraph, which had HIS
POSSESION BY REASON OF PUBIC OFFICE.
ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
Elements:
1) That the offender performs unlawful or
unauthorized acts
2) That such acts provoke or give occasion foe a
war involving or liable to involve the Philippines
or expose Filipino citizens to reprisal on their
persons or property.
Nota Bene: This is committed in times of peace.
Art. 119. VIOLATION OF NEUTRALITY
Elements:
1) There is a war but the Philippines is not
involved.
2) There is a regulation issued by a competent
neutrality.
3) The offender violates such regulation.
ART. 200. CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
1) There is a war and the Philippines IS INVOLVED.
2) The offender makes correspondence with an
enemy, or territory occupied by enemy troops.
3) The correspondence is either PROHIBITED BY
THE GOVERNMENT, CARRIED IN ON CIPHERS OR
CONVENTIONAL SIGNS, OR CONTANING NOTICE
OR INFORMATION WHCH MIGHT BE USEFUL TO
THE ENEMY.
Nota Bene: To qualify the offence the offender must concur
together a) that the notice or information might be useful to
the enemy, b) that the offender intended to aid the enemy.
Hence, if the offender concurred only to aid the enemy, he
committed treason.
ART. 121. FLIGHT TO ENEMY’S COUNTRY
Elements:
1) There is a war and the Philippines is involved.
2) That the offender must be owing allegiance to
the Government. (Hence resident aliens are
involved
3) That the offender attempts or flees to an enemy
country
4) That going to that country is prohibited by the
competent authority.
ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH
SEAS OR IN THE PHILIPPINE WATERS.
Modes of Committing Piracy:
1) Attacking or seizing a vessel in the high seas or
Philippine waters.
2) Seizing while on its high seas or Philippine
waters the whole or part of the cargo, its
equipments or personal belongings of its
complement of passengers.
Nota bene: The offender must not be a complement
or passenger.
Mutiny in the other hand is the same with
piracy but committed by the complement or
passengers.
ART. 123. QUALIFIED PIRACY.
Circumstances for piracy/mutiny to fall under Art 123:
1) When they fired the vessel
2) Whenever the pirates have abandoned their
victims without saving themselves
3) When the crime is committed with murder,
homicide, physical injury or rape.
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
ART. 124. ARBITRARY DETENTION

Elements:

1) That the offender is a public officer

2) That he detained someone without legal
grounds