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Criminal Law Summer Reviewer

A
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2007

Page 65 of 174
ELEMENTS
:

1. Offender
owes allegiance
to the government 2.
Not
a
foreigner
3. Has
knowledge of any conspiracy
(to commit treason) against the government 4. He
conceals or does not disclose
the same to the authorities in w/c he resides.
NOTES
:
•
Offender is punished as an
accessory

to the crime of treason

.
•
But is actually
principal

to this crime.
•

Crime doesn’t apply

if crime of treason is already committed

and it is not reported
.
•
It is a crime of
omission.
•
RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor or city
fiscal), but what if you report to some other high-ranking government. official?
Ex:
PNP Director? Judge Pimentel says
any governement. official of the DILG
 is OK..
MODES of COMMITTING ESPIONAGE:
1. By
entering, without authority,
a warship, fort, or military or naval establishment or reservation to obtain any
information, plan or other data of confidential nature relative to the defense of
the Philippines.
ELEMENTS:
1. That the offender
enters

a warship, fort, naval or military establishment or reservation;

2. That he has
no authority
therefore; 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. 2.
By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred to in the preceding
paragraph, which he had in his possession by reason of the public office he holds.
ELEMENTS:
1. That the offender is a
public officer
; 2. That he has in his
possession
the articles, data or
information
referred to in the first mode of committing espionage
, by reason of the public office
he holds; and 3. That he
discloses
their contents
to a representative of a foreign nation
.
PERSONS LIABLE:
1.
First mode:
a. Filipino b. alien residing 2.
Second mode:
a. Offender is a public officer.
NOTES
:
•
Being a public officer is a requirement in the second paragraph
•
It is aggravating in the first.
General Notes
:
•
Espionage is the offense of

gathering, transmitting, or losing information respecting the national defense

with the intent or reason to believe that the information is to be used to the
injury
of the Philippines or the advantage of any foreign nation.
It is not conditioned on citizenship.
•
Wiretapping
is not espionage

if the purpose
is
not connected with the defense.
•
In the
first mode
of committing the felony, it is
not necessary that the offender succeeds
in obtaining the information.

TREASON ESPIONAGE In both

– not conditioned by citizenship of offender Committed in
war time War and Peace time
Limited in
two ways of committing
crime: levying war, and adhering to the enemy giving him aid or comfort Committed
in
many ways

ART. 116. MISPRISION OF TREASON ESPIONAGE

–

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 the Republic of the Philippines or the advantage of a foreign
nation.

ART. 117. ESPIONAGE

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C.A. NO. 616 An Act to Punish Espionage and Other Offenses Against National
Security

ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be obtained information affecting
national defense
; 2. Unlawful disclosing of information affecting national defense; 3.
Disloyal acts or words
in time of
peace
 (i.e. causing in any manner insubordination, disloyalty, mutiny or refusal of duty
of any member of the military, naval, or air forces of the Philippines); 4.
Disloyal acts
in time of
war
; 5.
Conspiracy
to commit the foregoing acts; 6.
Harboring or concealing
violators
of the law (i.e. the offender harbors a person whom he knows as someone who
committed or is about to commit a violation of this Act); and 7.
Photographing from aircraft
of vital military information.
Section Two – Provoking War & Disloyalty in Case of War ELEMENTS:
1. Offender performs
unlawful or unauthorized acts
; 2. Such acts
provoke or give occasion for a war
involving or liable to involve the Philippines or expose Filipino citizens to
reprisals on their persons or property;
NOTES
: Crime is committed in time of
peace
.
Intent
of the offender is
immaterial
. In inciting to war, the
offender is any person
. If the offender is a
public officer
, the
penalty is higher. Reprisals are not limited to military action
, it could be
economic reprisals
, or
denial of entry
into their country. Example: X burns Chinese flag. If China bans the entry of
Filipinos into China, that is reprisal.
ELEMENTS:
1. That there is
war
in which the
Philippines is not involved
; 2. That there is a
regulation
issued by competent authority for the purpose
of enforcing neutrality
; and 3. That the offender
violates
such regulation.
NOTES
:
•
This crime is committed
only in time of war
.
•
Neutrality of the Philippines
that
was violated.

•
There has to be
a regulation
issued by
competent authority
for enforcement of neutrality –

offender violated it
•
Being a
public officer or employee has higher penalty

ELEMENTS:
1. There’s a
war
in and
Philippines is involved
; 2. That the offender makes
correspondence with an enemy country or territory
occupied by enemy troops; 3. That the
correspondence is either
–
a.
prohibited
by the government, or
b.
carried on in
ciphers or conventional signs
, or
c.
containing notice or information which might be
useful to the enemy
.
QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful
to the enemy.
2.
Offender
intended to aid
the enemy. NOTES
:
•

Circumstances
qualifying
the offense: 1. notice or information might be
useful
to the enemy 2. offender
intended to aid
the enemy
•
A
hostile country
exists
only
during hostilities or after the declaration of war.
•
Correspondence to enemy country is correspondence to
officials
of enemy country
even if said official is related to the offender. ART. 119. VIOLATION OF
NEUTRALITY ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ART. 120.
CORRESPONDECE WITH HOSTILE COUNTRY

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Page 67 of 174
•

It is
not
correspondence with
private individual
in enemy country.
•
If
ciphers
were used,
no need for prohibition
of the government.
•
If
ciphers were not used
, there is a
need for prohibition
of the government.
•
It is
immaterial
if correspondence contains innocent matters
. If prohibited, correspondence is punishable.
ELEMENTS:
1. There’s a
war
and
Philippines is involved
; 2. Offender
owes allegiance
to the government; 3. Offender
attempts to flee or go to enemy country
; and 4. Going to enemy country is
prohibited
by competent authority.
PERSONS LIABLE:
1.
Filipino
citizen 2.
Alien residing
in the Philippines
NOTES
:
•

Mere attempt
consummates the crime.
•

There must be a prohibition

. If there is none, even if one went to enemy country, there is no crime.
•
An
alien resident
may be held guilty for this crime because an alien owes allegiance to the
Philippine government albeit temporary.
Section Three – Piracy & Mutiny on The High Seas PIRACY – MODES TO COMMIT:
1. By attacking or seizing a vessel on the
high seas or in the Philippine waters
(PD 532); 2. By seizing the whole or part of the cargo of said vessels, its
equipment or personal belongings of its complement or passengers, the
offenders being
strangers
to the vessels.
ELEMENTS of PIRACY:
1. A
vessel
is
on
the
high seas or Philippine waters;
2.
Offenders
–
not
members of its complement nor passengers of the vessel; and 3. That the
offenders
– a.
attack
or
seize

vessel
(if committed by crew or passengers, the crime is not piracy but robbery in the
high seas), or b.
seize
whole or part of vessel’s
cargo
,
equipment or personal belongings
of its complement or passengers.
NOTES
:
•

High seas
-
any waters
on the sea coast which are without the boundaries of the low water mark
although such waters may be in the jurisdictional limits of a foreign government
;

parts of the sea

that are not included in the exclusive economic zone, in the territorial seas, or
in the internal waters of a state, or in the archipelagic waters of an archipelagic
state (United Nations Convention on the Law of the Sea).

Philippine waters
– 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, breath, length or dimension, and all 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 and jurisdiction.
(Sec. 2, P.D. No. 532)

•
Now, Art. 122, as amended by R.A. 7659 Piracy and Mutiny in Philippine waters is
punishable.
•
Before R. A. 7659 amended Art 122,
piracy and mutiny only on the high seas was punishable
. However, the commission of the acts described in Arts. 122 and 123
in Philippine waters
was under P.D. No. 532.

MUTINY
– the unlawful resistance to a superior, or the raising of commotions and
disturbances on board a ship against the authority of its commander.

PIRACY
–it is robbery or forcible depredation on the high seas, without lawful authority
and done with
animo furandi
and in the spirit and intention of universal hostility.
ART. 121. FLIGHT TO ENEMY’S COUNTRY ART. 122. PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS