Criminal Law Book 2

Easter College

TITLE I. CRIMES AGAINST NATIONALSECURITY AND THE LAW OF NATIONS

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 forreprisals (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 thehigh seas (Art. 122).

Article 114 Treason

• Elements1. Offender is a Filipino or resident alien;2. There is a war in which the Philippines is involved;3. Offender either –• a. levies war against the government; or• b. adheres to the enemies, giving them aid or

comfort within the Philippines or elsewhere

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

Two ways of proving treason

• 1. Testimony of at least two witnesses to the same overt act; or

• 2. Confession of accused in open court.

Article 115. Conspiracy and Proposal to Commit Treason

Elements of conspiracy to commit treason• 1. There is a war in which the Philippines is

involved;• 2. At least two persons come to an agreement

to –• a. levy war against the government; or• b. adhere to the enemies, giving them aid or

comfort;• 3. They decide to commit it.

Elements Of Proposal To Commit Treason

1. There is a war in which the Philippines is involved;2. At least one person decides to –• a. levy war against the government; or• b. adhere to the enemies, giving them aid or

comfort;• 3. He proposes its execution to some other

persons.

Article 116. Misprision of Treason

Elements• 1. Offender owes allegiance to the government,

and not a foreigner;• 2. He has knowledge of conspiracy to commit

treason against the government;• 3. He conceals or does not disclose and make

known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides.

Article 117. Espionage

Acts punished• 1. By entering, without authority therefore, a

warship, fort or naval or military establishment or reservation to obtain any information, plans, photograph or other data of a confidential nature relative to the

defense of the Philippines;

Elements #1

1. Offender enters any of the places mentioned;2. He has no authority therefore;3. His purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.

Acts Punished…

• 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office he holds.

Elements #2

1. Offender is a public officer;2. He has in his possession the articles, data or information referred to in paragraph 1 of Article 117, by reason of the public office he holds;3. He discloses their contents to a representative of a foreign nation.