TITLE ONE

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CHAPTER ONE – CRIMES AGAINST NATIONAL SECURITY

Article 114 – Treason

ELEMENTS:

1. Offender is a Filipino citizen or an alien resident

2. There is a war in and Philippines is involved; and
3. Offender either
• Levies war against the government; or
• Adheres to enemies, giving aid or comfort

PERSONS LIABLE:

• Filipino – permanent allegiance; can commit treason anywhere

• Alien Residing – temporary allegiance; commit treason only while residing in
Philippines

NOTES:

• Treason committed in a foreign country may be prosecuted in the Philippines.

(Article 2, RPC)
• Treason by an alien must be committed in the Philippines. (EO 44).
• Treason – breach of allegiance to the government by a person who owes
allegiance to it.
• Allegiance – obligation of fidelity and obedience which individuals owe to the
government under which they live or to their sovereign, in return for protection they
receive.
• Treason is a war crime - punished by state as a measure of self-protection.
• Committed in times of war (not peace) when:
1. There are actual hostilities
2. No need for a declaration of war.
• Mere acceptance of public office and discharge of official duties under the enemy
do not constitute per se the felony of treason. But when the position is policy-
determining, the acceptance of public office and the discharge of official duties
constitute treason.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 1
WAYS TO COMMIT TREASON:
1. Levying war against government - requires:
a. Actual assembling of men
b. Purpose of executing a treasonable design, by force
2. Adheres to enemies – following must concur together:
a. Actual adherence
b. Give aid or comfort

NOTES:

• Levying war - must be with intent to overthrow the government as such, not
merely to repeal a particular statute or to resist a particular officer.
• 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
• Not necessary that those attempting to overthrow the government by force of arms
should have the apparent power to succeed in their design, in whole or in part.
• Adherence – intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s policy or interest.
• Aid or Comfort – act which strengthens or tends to strengthen the enemy of the
government in the conduct of war against the government, or an act which
weakens or tends to weaken the power of the government or the country to resist
or to attack the enemies of the government or country.

WAYS TO PROVE:

1. Treason
a. Testimony of at least 2 witnesses to the same overt act
b. Judicial confession of accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act

NOTES:

• To convict: testimonies must relate to the same overt act – not two similar acts.
• If act is separable – each witness can testify to parts of it; but the act, as a whole,
must be identifiable as an overt act.
• Confession must be in open court.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 2
REASON FOR 2-WITNESS RULE

Special nature of the crime requires that the accused be afforded a special protection not
required in other cases so as to avoid a miscarriage of justice. Extreme seriousness of
the crime, for which death is one of the penalties provided by law, and the fact that the
crime is committed in abnormal times, when small differences may in mortal enmity wipe
out all scruples in sacrificing the truth.

GENERAL NOTES:

• Inherent circumstances - they do not aggravate the crime.

a. Evident premeditation
b. Superior strength
c. Treachery
• Treason is a continuing crime. Even after the war, offender can still be prosecuted.
• No treason through negligence since it must be intentional.
• No complex crime of treason with murder – murder is the overt act of aid or comfort
and is therefore inseparable from treason itself.
• DEFENSE:
a. Duress or uncontrollable fear
b. Obedience to de facto government
• NOT DEFENSE:
a. Suspended allegiance
b. Joining the enemy army thus becoming a citizen of the enemy

Not Treasonous:

1. Acceptance of public office and discharge of official duties under the enemy does
not constitute per se the felony of treason (exception: when it is policy determining)
2. Serving in a puppet government (ministerial functions) and in order to serve the
populace is NOT treasonous. But it is treason if: a) there is discretion involved; b)
inflicts harm on Filipinos; c) it is disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials – not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an alien
must be committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be held liable
6. Alien: with permanent resident status from the BID – it is neither the length of stay
in the Philippines nor the marriage with a Filipino that matters.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 3
On Citizenship

1. Treason cannot be proved by circumstantial evidence or by extra-judicial

confession of the accused.
2. Actual hostilities may determine the date of the commencement of war.
3. No such thing as attempted treason; mere attempt consummates the crime.
4. Giving aid or comfort – material element, enhances forces of the enemy country.
Acts which strengthen or tend to strengthen the enemy in the conduct of war
against the traitor’s country or that which weaken and tend to weaken the power
of the same.

Article 115 – Conspiracy and Proposal to Commit Treason

ELEMENTS – CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement to –
a. Levy war against the government, or
b. Adhere to the enemies and to give them aid or comfort
c. They decide to commit it.

ELEMENTS – PROPOSAL:
1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the
enemies and to give them aid or comfort
3. Proposes its execution to some other person/s.

NOTES:

• As a general rule, conspiracy and proposal to commit a felony is not punishable

(Article 8). Article 115 is an exception as it specifically penalizes conspiracy and
proposal to commit treason.
• Mere agreement and decision to commit treason is punishable.
• Two-witness rule – not applicable since this is a crime separate from treason.
• Mere proposal even without acceptance is punishable, too. If the other accepts, it
is already conspiracy.
• If actual acts of treason are committed after the conspiracy or proposal, the crime
committed will be treason, and the conspiracy or proposal is considered as a
means in the commission thereof.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 4
Article 116 – Misprision of Treason

ELEMENTS:

1. That the offender must be owing allegiance to the government, and not a foreigner.
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.

NOTES:

• Offender is punished as an accessory to the crime of treason

• This crime does not apply if the crime of treason is already committed
• Crime of omission
• “To report within a reasonable time” – depends on time, place and circumstance –
the RPC did not fix time.
• 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 government official of the DILG is OK.
• Misprision of treason is a crime that may be committed only by citizens of the
Philippines.
• The essence of the crime is that there are persons who conspire to commit treason
and the offender knew this and failed to make the necessary report to the
government within the earliest possible time.
• What is required is to report it as soon as possible.
• The criminal liability arises if the treasonous activity was still at the conspiratorial
stage.
• Any person in authority having the equivalent jurisdiction (of a mayor, fiscal or
governor), like a provincial commander, will already negate criminal liability.
• Blood relationship is always subservient to national security. Article 20 does not
apply here.
• Under the Revised Penal Code, there is no crime of misprision of rebellion.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 5
Article 117 – Espionage

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.

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.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 6
NOTES:

• Being a public officer is a requirement in the second paragraph

• It is aggravating in the first.
• 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 the citizenship of the offender
Committed in WAR TIME Committed in WAR AND PEACE TIME
Limited in two ways of committing Committed in many ways
crime: levying war and adhering to the
enemy to give him aid or comfort

Article 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 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 is immaterial.

• Inciting to war – offender is any person.
• Reprisals is 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 already reprisal.

Article 119 – Violation of Neutrality

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.
3. That the offender violates such regulation.

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NOTES:

• Government must have declared the neutrality of the Philippines in a war between
2 other countries.
• It is the neutrality of the Philippines that is violated.
• Congress has the right to declare neutrality.
• This crime is committed only in time of war.
• 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.

Article 120 – Correspondence with Hostile Country

ELEMENTS:

1. That it is in time of war in which the 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:

• Hostile country exists only during hostilities or after the declaration of war.
• Correspondence to enemy country – correspondence to officials of enemy
country – even if related to you.
• It is not correspondence with private individual in enemy country.
• If ciphers were used, no need for prohibition.
• If ciphers were not used, there is a need for prohibition.
• In any case, it must be correspondence with the enemy country.
• Doesn’t matter if correspondence contains innocent matters – if prohibited,
punishable.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 8
Article 121 – Flight to Enemy’s Country

ELEMENTS

1. That there is a war in which the Philippines is involved.

2. That the offender (Filipino or resident alien) 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 by competent authority.

NOTES:

• Mere attempt consummates the crime

• There must be a prohibition. If none, even if went to enemy country – no violation
• Alien resident may be guilty here.

Article 122 – Piracy in General and Mutiny on the High Seas

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.

*Animo furandi is a Latin term which means the 'intention to steal.'

MUTINY – the unlawful resistance to a superior, or the raising of commotions and

disturbances on board a ship against the authority of its commander.

MODES OF COMMITTING PIRACY:

1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD
532 – Anti-Piracy and Anti-Highway Robbery Law of 1974).
2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal
belongings of its complement or passengers.

ELEMENTS:

1. That a vessel is on the high seas/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 (hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas).
b. Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 9
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 seabed, the
insular shelves, and other submarine areas over which the Philippines has
sovereignty and jurisdiction. (Section 2, PD No. 532)
• Now, Article 122, as amended by R.A. 7659 Piracy and Mutiny in Philippine waters
is punishable.
• Before RA 7659 amended Article 122, piracy and mutiny only on the high seas
was punishable. However, the commission of the acts described in Articles 122
and 123 in Philippine waters was under PD No. 532.
• Piracy in high seas – jurisdiction of any court where offenders are found or
arrested.
• Piracy in internal waters – jurisdiction of Philippine courts.
• For purposes of the Anti-Fencing Law, piracy is part of robbery and theft.

PIRACY MUTINY
Robbery or forcible degradation on the Unlawful resistance to a superior officer,
high seas, without lawful authority and or the raising of commotion and
done with animo furandi and in the spirit disturbances on board a ship against the
and intention of universal hostility. authority of its commander
Intent to gain is an element. Intent to gain is an element.
Attack from outside. Offenders are Attack from the inside.
strangers to the vessel. (This is the
standing rule with the repeal of PD 532
which made it possible for any person to
commit piracy including a passenger or
complement of the vessel).

PIRACY ROBBERY ON HIGH SEAS

The offender is an outsider. The offender is a member of the
complement or a passenger of the vessel.
In both, there is intent to gain and the manner of committing the crime is the same.

WITHIN PHILIPPINE WATERS

ARTICLE 122, REVISED PENAL CODE PRESIDENTIAL DECREE 532
Offender is an outsider Offender is a crew or passenger

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 10
Article 123 – Qualified Piracy

QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing upon the same;
2. Abandonment of victims without means of saving themselves; or
3. Piracy was accompanied by murder, homicide, physical injuries, or rape.

NOTES:

• If any of the circumstances in Article 123 is present, piracy is qualified.

• Parricide/infanticide should be included (according to Judge Pimentel).
• There is a conflict between this provision and the provision on rape.
Example: If rape is committed on someone below 7 yrs. old – penalty is death
under the new rape law. But if rape is committed on someone below 7 during the
time of piracy – reclusion perpetua to death.
• The murder/rape/homicide/physical injuries must have been committed on the
passengers or on the complement of the vessel.
• Piracy is a crime not against any particular state but against all mankind. It may be
punished in the competent tribunal of any country where the offender may be found
or into which he may be carried.

QUALIFIED PIRACY – a SPECIAL COMPLEX CRIME punishable by reclusion perpetua

to death, regardless of the number of victims.

• Murder, rape, homicide, physical injuries are mere circumstances qualifying piracy
and cannot be punished as separate crimes, nor can they be complexed with
piracy.
• Although in Article 123 merely refers to qualified piracy, there is also the crime of
qualified mutiny. Mutiny is qualified under the following circumstances:
1. When the offenders abandoned the victims without means of saving
themselves; or
2. When the mutiny is accompanied by rape, murder, homicide, or physical
injuries.
• Note that the first circumstance which qualifies piracy does not apply to mutiny.

TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS 11