CGRenes|D2015|CriminalLaw2|Prof.

Gutierrez

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

(RPC 114-123)
Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the Philippine
Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within
the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to
exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on
confession of the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this
Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended
by E.O. No. 44, May 31, 1945).

Definition of Treason: Treason is a breach of allegiance to a government, committed by a

person who owes allegiance to it.
Nature of the crime: Treason, in its general sense, is the violation by a subject of his
allegiance to his sovereign or to the supreme authority of the State. Treason is a continuous
offense, and may be committed by one single act or by several series of acts in a single time
or in different times.
Origin of the Law: Anglo-American
Elements of Treason:
1. That the offender is a Filipino citizen or an alien residing in the Philippines;
(citizenship and residency)
2. That there is a war in which the Philippines is involved; (involvement in war)
3. That the offender either
a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid or comfort
The elements, one by one:
1. That the offender is a Filipino citizen or an alien:
- EO 44 made it possible to punish resident aliens who commit treason.
- Filipino citizenship may be proved by prison records and testimony of
witnesses who know him to have been born in the Philippines.
- Can be committed by a Filipino who is outside of the Philippines.
- Treason by alien must be committed in the Philippines
Allegiance defined: the obligation of fidelity and obedience which the individuals owe
to the government under which they live or to their sovereign, in return for the
protection they receive.
: Allegiance is either permanent or temporary. Aliens owe
permanent allegiance to his own country, at the same time that he owes temporary
allegiance to the country where he resides.
2. That there is a war in which the Philippines is involved:

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

- Treason is a war crime. Its not an all-time offense. It cannot be committed in

peace time because while there is peace, there are no traitors. However, treason may
be incubated and treasonable acts may be perpetrated during peace, but there are no
traitors until the war has actually started.
- Punished by the state as a measure of self-defense and self-preservation.
Law on treason remains dormant until an emergency arises.
3. Two ways or modes of committing treason: levying war and adherence to the enemy:
a. Meaning of levies war: Two things must concur
i. That there be an actual assembling of men
- Mere acceptance of a commission and mere enlistment of
men does not amount to levying war, because theres no actual
assembling of men.
- But if a body of men be actually assembled for the purpose of
effecting by force a treasonable design, all those who perform any part
are considered traitors.
- Not necessary that there be any formal declaration of
existence of state of war to justify conclusion that those engaged in
such attempts are levying war and guilty of treason.
ii. For the purpose of executing a treasonable design by force
- Levying war must be with intent to overthrow the government,
not merely to resist a particular statute or repel a particular officer.
- It is necessary that the purpose of levying war is to deliver
the country in whole or in part to the enemy.
- Levying of war must be in collaboration with foreign enemy. If
its merely a civil uprising, the crime is not treason but rebellion.
b. Meaning of Adherence to the enemy: intent to betray. It is present when a
citizen intellectually or emotionally favors the enemy and harbors sympathies
or convictions disloyal to his countrys policy or interest.
- adherence alone, without giving aid or comfort, does not
constitute treason
- when there is no adherence to the enemy, the act which may
do aid or comfort to the enemy does not amount to treason
Meaning of aid or comfort: An act which strengthens or tends to strengthen
the enemy in the conduct of war against the traitors country and an act which
weakens or tends to weaken the power of the traitors country to resist or to
attack the enemy.
: follows to the TWO-WITNESS RULE to prove aid or
comfort, in which its not necessary to prove adherence. This rule is severely
restrictive, as it requires that each of the witnesses must testify to the whole
overt act, or if its separable, there must be 2 witnesses to each part of the
overt act.
: Why are 2 witnesses required? Because the special
nature of the crime of treason requires that the accused be afforded a special
protection not required in other cases so as to avoid a miscarriage of justice.

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

Extent of aid or comfort: The aid and comfort must be given to the enemy by
some kind of action. It must be a deed or physical activity, not merely a
mental operation. This includes such acts as furnishing the enemy with arms,
troops, supplies, information, or means of transportation.
: General rule: to be treasonous, the extent of aid
and comfort given to the enemies must be to render assistance to them as
enemies and not merely as individuals, and be directly in furtherance of the
enemies hostile designs.
: act committed need not actually strengthen the
enemy. No matter how vain or futile, if theres aid and comfort, its treasonous.
- Acceptance of public office and discharge of official duties under the enemy do not constitute
per se the felony of treason, UNLESS such duty was a policy-determining position that
defined the norms of conduct of all offices and officials under the departments he headed.
- Membership in the police force during occupation is not treason; but active participation with
the enemies in the apprehension of guerillas and infliction of ill-treatments make such
member liable for treason.
- The over act of aid and comfort to the enemy must be intentional, as distinguished from
merely negligent or undesigned ones.
Ways of Proving Treason:
1.Testimony of two witnesses, at least, to the same overt act
2. Confession of the accused in open court.
To prove aid or comfort, the two-witness rule is followed (already expounded on above).
Ways of proving Adherence:
1. by one witness
2. from the nature of the act itself
3. from the circumstances surrounding the act
Why adherence need not be proved by 2 witnesses: Because what is designed in the
mind of an accused never is susceptible of proof by direct testimony.
Aggravating Circumstances in Treason:
1. Cruelty (torture) and ignominy (humilation and sexual abuse)
2. Rapes and wanton robbery are considered cruelty and ignominy
3. Evident premeditation is NOT aggravating in treason, because adherence and
giving of aid and comfort is a long continued process requiring persistent determination and
planning.
4. Superior strength and treachery are NOT aggravating because they are
INHERENT in treason.
Defenses:
1. Defense of suspended allegiance and change of sovereignty not accepted because:

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

a. A citizen owes an absolute and permanent allegiance to his Government

b. The sovereignty of the Government is not transferred to the enemy by mere
occupation
c. The subsistence of the sovereignty of the legitimate government in a territory
occupied by the military forces of the enemy during the war is one of the rules in International
Law
d. What is suspended is the exercise of the rights of sovereignty.
2. Lawful obedience to a de facto Government is a good defense in treason.
3. Defense of loss of citizenship by joining the army of the enemy is not acceptable.
4.Defense of duress or uncontrollable fear is a good defense, because nothing will excuse
that act of joining an enemy by the fear of immediate death.
Art. 115. Conspiracy and proposal to commit treason; Penalty. The conspiracy or proposal to commit the
crime of treason shall be punished respectively, by prision mayor and a fine not exceeding P10,000 pesos, and
prision correccional and a fine not exceeding P5,000 pesos.

CONSPIRACY: committed when in time of war, two or more persons come to an agreement
to levy war against the government or to adhere to the enemies and to give them aid or
comfort, and decide to commit it.
PROPOSAL: when in time of war a person who has decided to levy war against the
Government or to adhere to the enemies and to give them aid or comfort, proposes its
execution to some other person or persons.
In general, conspiracy and proposal to commit a felony is not punishable (Art. 8). However,
proposal and conspiracy to commit treason are both punishable because in treason the very
existence of the state is endangered.
Two-witness rule DOES NOT APPLY here, because this is a separate and distinct offense
from that of treason.
Art. 116. Misprision of treason. Every person owing allegiance to (the United States) the Government of the
Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does
not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.

Elements:
1.That the offender must be owing allegiance to the Government and not a foreigner.
- cannot be committed by a resident alien
2. That he has knowledge of any conspiracy (to commit treason) against the Government.
3. That he conceals or does not disclose and make known the same as soon as possible to
the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.
Art. 116 does NOT apply when the crime of treason is already committed by someone and the
accused does not report its commission to the proper authority.

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

Art. 116 is an exception to the rule that mere silence does not make a person criminally liable.
Art. 117. Espionage. The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any
information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine
Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in
the preceding paragraph, discloses their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

Definition: 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 or to the advantage of any foreign nation.
Two ways of committing espionage:
1. By entering, without authority therefore, a warship, fort, or naval or military establishment or
reservation to obtain any information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippines.
Elements:
a. That the offender enters any of the places mentioned therein
b. That he has no authority therefor
c. 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 paragraph 1 of Art. 117, which he had in his possession by reason of
the public office he holds.
Elements:
a. That the offender is a public officer.
b. That he has in his possession the articles, data or information referred to in par.
of Art. 117 by reason of the public office he holds
c. That he discloses their contents to a representative of a foreign nation,
- To be liable under Par. 1, the offender must have the INTENTION to obtain information
relative to the defense of the Philippines. No intention, no liability.
- However, its not necessary that information is actually obtained. Its sufficient that he has
the PURPOSE to obtain any such information to be held liable.
OUTLINE OF CA 616: An Act to Punish Espionage and other Offenses against National
Security
Sec. 1: Unlawfully obtaining or permitting to be obtained information affecting national
defense

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

Different ways of violating Sec. 1:

a. By going upon, entering, flying over, or otherwise obtaining information concerning
any vessel, aircraft, work of defense for the purpose of obtaining information
respecting national defense, with intent to use it to the injury of the Philippines
b. By copying, taking, making or attempting or inducing or aiding another to copy, take,
make or obtain any sketch, photo, blueprint, map or document or anything connected
with national defense
c. By receiving or obtaining or agreeing or attempting or inducing or aiding another to
obtain from any sources any of those data mentioned in paragraph b, code book or
signal book, knowing that it will be obtained or disposed of by any person contrary to
the provisions of this act.
d. By communicating or transmitting, or attempting to communicate to any person not
entitled to receive it, the offender being in possession of the data in paragraph b,
code book or signal book
e. By permitting through gross negligence, to be removed from its proper place or
custody or delivered to anyone in violation of his trust, or to be lost, stolen, destroyed
any of the data mentioned in par. b., the offender being entrusted with the lawful
possession or control of the same.
Sec. 2: Unlawful disclosing of information affecting national defense.
Different ways of violating Sec. 2:
a. By communicating, delivering, or transmitting or attempting to, or aiding or inducing
another to, communicate, deliver, or transmit to any foreign government, or any
faction or party or military or naval force within a foreign country, whether recognized
or unrecognized by the Philippines any data mentioned in par. b Sec. 1
b. In time of war, by collecting, recording, publishing, or communicating, or attempting to
elicit any information with respect to the movement, number, description, condition, or
disposition of any of the armed forces, ships, aircraft, or war materials with respect to
the plans or conduct, or supposed plans or conduct of any military, naval, or air
operations.
Sec. 3: Disloyal acts or words in time of peace.
Different ways of violating Sec. 3:
a. By advising, counseling, urging or causing insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval or air forces
b. By distributing any written or printed matter which advises, counsels or urges
insubordination, disloyalty, mutiny or refusal of duty
Sec. 4: Disloyal acts or words in time of war.
Different ways of violating Sec. 4:
a. By willfully making or conveying false reports or false statements with intent to
interfere in AFP operations
b. To promote success of enemies by willfully causing insubordination, disloyalty, mutiny
or refusal of duty

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

c.

By willfully obstructing the recruiting or enlistment service.

Sec. 5: Conspiracy to violate preceding sections:

Requisites:
a. Two or more persons conspire to violate the provisions of Secs. 1-4 of this Act
b. One or more of such persons do any act to effect the object of the conspiracy
Sec. 6: Harboring or concealing violators of the law
Requisites:
a. The offender knows that a person has committed or is about to commit an offense
under this act
b. The offender harbors or conceals such person
Espionage distinguished from treason:
Treason
Not conditioned by citizenship of offender
Committed only in time of war
Limited to 2 ways of committing: levying war
and adhering to the enemy

Espionage
Not conditioned by citizenship of offender
Committed both in time of peace and war
Can be committed in many ways

Art. 118. Inciting to war or giving motives for reprisals. The penalty of reclusion temporal shall be imposed
upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or
unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes
Filipino citizens to reprisals on their persons or property.

Elements:
1.That the offender performs unlawful or unauthorized acts
2. That such acts 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.
Examples:
1. The raising, without authorization, of troops within the Philippines for the service of a
foreign nation against another nation.
2. The public destruction of the flag or a seal of a foreign state.
Art. 119. Violation of neutrality. The penalty of prision correccional shall be inflicted upon anyone who, on the
occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for
the purpose of enforcing neutrality.

Elements:
1.That there is a war in which the Philippines is not involved.
2. That there is a regulation issued by competent authority for the purpose of enforcing
neutrality
3. That the offender violates such regulation

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NEUTRALITY: A nation or power which takes no part in a contest of arms going on between
others is referred to as neutral.
Art. 120. Correspondence with hostile country. Any person who in time of war, shall have correspondence with
an enemy country or territory occupied by enemy troops shall be punished:
1. By prision correccional, if the correspondence has been prohibited by the Government;
2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the
offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion
temporal to death.

Elements:
1. That it is in time of war in which the Philippines in involved.
2. That the offender makes correspondence with an enemy country on territory occupied by
enemy troops
3. That the correspondence is either:
a. prohibited by the government
b. carried on in ciphers or conventional signs
c. containing notice or information which might be useful to the enemy
CORRESPONDENCE: Communication by means of letters, or it may refer to the letters which
pass between those who have friendly or business relations.
Circumstances qualifying the offense:
The following must concur:
a. That the notice or information might be useful to the enemy
b. That the offender intended to aid the enemy
Note; If the intended tp aid the enemy by giving such notice or information, the crime amounts
to treason.
Art. 121. Flight to enemy country. The penalty of arresto mayor shall be inflicted upon any person who, owing
allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.

Elements:
1. That there is a war in which the Philippines is involved.
2. That the offender must be owing allegiance to the Government.
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited b competent authority
An alien resident in the country can be held liable under the article.
Mere attempt to flee or go to enemy country consummates the crime.
Art. 122. Piracy in general and mutiny on the high seas. The penalty of reclusion temporal shall be inflicted
upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor
a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.

CGRenes|D2015|CriminalLaw2|Prof.Gutierrez

The same penalty shall be inflicted in case of mutiny on the high seas.

Two ways of committing piracy:

1.By attacking or seizing a vessel on the high seas or in Philippine waters
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of
its cargo, its equipment or personal belongings of its complement or passengers.
Elements of piracy:
1.That a vessel is on the high seas or in the Philippine waters
2. That the offenders are not members of its complement or passengers of the vessel
3. That the offenders (a) attack or seize that vessel, or (b) seize the whole part of the cargo of
said vessel, its equipment or personal belongings of its complement or passengers
HIGH SEAS: Any waters on the sea coast which are without the boundaries of low-water
mark, although such waters may be in the jurisdictional limits of a foreign government. It
doesnt meant that the crime has to be committed beyond the 3-mile limit of any state (People
vs. Lol-lo).
Convention on the Law of the Sea defines high seas as: parts of the seas 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. (Personal note: For more
information on the high seas, you may opt to consult Bernas commentary on Territory.)
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 (People vs. Lol-lo).
MUTINY: Unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.
PIRACY
Persons who attack a vessel or seize its
cargo are strangers to said vessel.
Intend to gain is essential.

MUTINY
They are members of the crew or
passengers.
Offenders may only intend to ignore the ships
officers or they may be prompted by a desire
to commit plunder.

Art. 123. Qualified piracy. The penalty of reclusion temporal to death shall be imposed upon those who commit
any of the crimes referred to in the preceding article, under any of the following circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

The word crimes in the quoted phrase in the opening sentence of Art. 123, refers to piracy
and mutiny on the high seas.
Piracy or mutiny is qualified if any of the following circumstances is present:
1. Whenever the offenders have seized the vessel by boarding or firing upon the same

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2. Whenever the pirates have abandoned their victims without means of saving themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape
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, breadth, length or dimension, and all other 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 or jurisdiction.
VESSEL: Any vessel or watercraft used for transport of passengers and cargo from one place
to another through Philippine waters. It includes all types of vessels or boats used in fishing.
Note: RA 7659 neither superseded nor amended PD 532. The PD widened the coverage of
the law, in keeping with the intent to protect the citizenry as well as the neighboring states
from crimes against the law of nations. For this reason, piracy under Art. 122 as amended,
and piracy under PD 532 exist harmoniously as separate laws.