TITLE 1.
CRIMES AGAINST NATIONAL SECURITY AND THE Elements:
LAW OF THE NATIONS.
A. CRIMES AGAINST NATIONAL SECURITY
(TREASON AND ESPIONAGE)
Art. 114 Treason – breach of allegiance to a govt
committed by person who owes allegiance to it.
Elements:
 Filipino citizen / resident alien
 There is war, Philippines is involved
 Offender either: (modes of committing)
a) Levies war against govt
b) Adheres to the enemies, giving them aid or
comfort
*allegiance – fidelity and obedience w/c the individual
owes allegiance to the govt under w/c they live, or to the
sovereign , in return for the protection they receive .
*types of allegiance:
 Permanent
 Temporary (ex: resident alien)
*levies war (must be directed against the government)
 There is actual assembly of men
 Purpose is to execute a treasonable design by
force
*adherence to the enemy – means intent to betray when a
citizen intellectually or emotionally favors the enemy and
harbors sympathy or convictions disloyal to his countries
interest.
*aid and comfort – act w/c strengthens or tends to
strengthen the enemy in the conduct of war against the
traitor’s country and an act w/c weakens or tends to
weaken the power of the traitor’s country to resist or
attack the enemy.
Elements:
 Adherence and aid/comfort must be present
 specific acts of aid/comfort
a) informant
b) agent or spy
c) acting as a finger woman
d) taking active part in mass killing
*ways of proving treason
 testimony of 2 witnesses, at least to the same
overt act
 confession of the accused in open court
Art. 115 conspiracy and proposal to commit treason
 in times of war (phil is involved)
 modes:
a) two or more persons came to an agreement
b) a person has proposed to the execution to
some other person or persons
(purpose)
c) to levy war against the govt or to adhere to
the enemies giving them aid or comfort
*penalties
 conspiracy – prision mayor and 10,000
 proposal – prision correctional and 5,000
Art. 116 misprision of treason
Elements:
 offender owes allegiance to the gov’t (phil / us)
(not resident alien, not being a foreigner)
 has knowledge of any conspiracy (to commit
treason)
 conceals or does not disclose and make known
as soon as possible to the governor or fiscal of
the province, or the mayor or the fiscal of the
city he resides
*misprision of treason is punished as an accessory,
therefore it is two degrees lower than the principal of
treason, however he is still principal of misprision of
treason.
*Art. 20 does not apply because art 20 is applied only to
accessory.
Art. 117 Espionage – is the offense of gathering,
transmitting, or losing information respecting the national
defense w/ intent or reason to believe that the information
is to be used to the injury of the republic of the phil or to
the advantage of any foreign nation
Penalty – prision correctional
*modes of committing (2 ways)
1. By entering w/o authority a warship, fort or naval, or
military establishment or reservation to obtain any
information, plans, photographs or other data of
confidential nature relative to the defense of Philippines
Elements:
 offender enters any place mentioned
 has no authority
 purpose is to obtain information (plans,
photographs or other data) of confidential
nature relative to the defense of Philippines
2. By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred in
paragraph 1 w/c he had in his possession by reason of the
public office he holds .
Elements:
Art. 119 violation of neutralism
*penalty – prision correccional
*neutrality – a nation or power w/c takes no part in a
contest of arms going on between others

 offender is a public officer Elements:

 he has in his possession the articles, data or
information by reason of his public office  There is war, but phil is not involved
 he discloses their contents to a representative of  There is a regulation issued by competent
a foreign nation authority enforcing neutrality
 Offender violates such regulation
*other acts of espionage (commonwealth act no. 616 )
Art. 120 correspondence w/ hostile country
 sec 1. Unlawfully obtaining or permitting to be
obtained information affecting national defense *correspondence – is communication by means of letter or
 sec 2. Unlawfully disclosing of information it may refer to letters w/c pass between those who have
affecting national defense friendly or business relation
 sec 3. Disloyal acts or words in time of peace
 sec 4. Disloyal acts or words in time of war Elements:
 sec 5. Conspiracy to violate preceding sections
 There is a war phil is involved
 sec 6. Harboring or concealing violators of the
 Offender makes correspondence w/ an enemy
law
country or territory occupied by enemy troops
 Correspondence is either (nature of
*espionage vs treason correspondence):
a)prohibited by govt (prision correccional)
ESPIONAGE TREASON
b) carried on in ciphers or conventional signs
WHEN: WAR AND PEACE WAR
(prision mayor)
HOW: MANY WAYS 1. LEVYING WAR C) containing notice or information w/c might be
(DISCUSSED ) AGAINST THE useful to the enemy (reclusion temporal)
GOVT
2. ADHERENCE, *even if correspondence contains innocent matters, if
GIVING AID AND prohibited by govt, punishable
COMFORT
*prohibition is essential in paragraphs 2 and 3

B. PROVOKING WAR AND DISLOYALTY IN CASE OF
WAR
Art. 118 inciting to war or giving motives for reprisals
*penalty – reclusion temporal (public officer or
employee ) prision mayor (any private individual)
Elements:
 Offender perform unlawful or unauthorized
acts
 Such acts provokes or give occasion for a
war involving or liable to involve the phil or
expose Filipino citizens to reprisals on their
person or property
*intention is immaterial, can be caused by
imprudence
*committed in time of peace
*temporal to death if intended to aid the enemy
Art. 121 flight to enemy’s country
Elements:
 There is war w/c the phil is involved
 Offender must be owing allegiance (temporary
or permanent) to the govt
 Offender attempts to flee or go to enemy
country
 Going to enemy’s country is prohibited by
competent authority
*resident alien may be guilty of art 121
*art 121 cannot be committed when fleeing to enemy is
not prohibited by competent authority
C. PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE
WATERS
Art. 122 piracy in general and mutiny on the high seas or in
the Philippine waters (reclusion perpetua)

*modes of committing ( 2 ways )

1. By attacking or seizing a vessel on high seas or Philippine

waters

2. Siezing 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:

 Vessel is in the high seas or Philippine waters

 Offenders are not member of its complements
or passengers
 Offender does 1 or 2

*Piracy – robbery or forcible depredation on the high seas,

w/o lawful authority and done with animo furandi and in
the spirit and intention of universal hostility

*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 MUTINY
WHO: STRANGER MEMBERS OF CREW OR
PASSENGERS
WHAT: INTENT TO GAIN TO IGNORE THE SHIP’S
OFFICERS OR THEY MAY BE
PROMPTED TO COMMIT
PLUNDER

Art. 123 qualified piracy

*penalty – reclusion perpetua to death on the following

circumstances

 Seized a vessel by boarding or firing upon the

same
 Pirates abandoned the victims w/o means of
saving themselves
 Crime is accompanied by murder, homicide,
physical injuries, or rape
(people vs lol-lo and saraw)

*any person aids or protects pirates or abets the

commission of piracy shall be considered as an accomplice