Escolar Documentos
Profissional Documentos
Cultura Documentos
• There is war, Philippines is involved Art. 115 conspiracy and proposal to commit
treason
• Offender either: (modes of committing)
Elements:
a) Levies war against govt
• in times of war (phil is involved)
b) Adheres to the enemies, giving
them aid or comfort • modes:
*allegiance – fidelity and obedience w/c the a) two or more persons came to an
individual owes allegiance to the govt under agreement
w/c they live, or to the sovereign , in return for
the protection they receive . b) a person has proposed to the
execution to some other person or
*types of allegiance: persons
• Permanent (purpose)
• has no authority
B. PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
• purpose is to obtain information (plans,
photographs or other data) of Art. 118 inciting to war or giving motives for
confidential nature relative to the reprisals
defense of Philippines
*penalty – reclusion temporal (public officer
2. By disclosing to the representative of a or employee ) prision mayor (any private
foreign nation the contents of the articles, data individual)
or information referred in paragraph 1 w/c he
had in his possession by reason of the public Elements:
office he holds .
• Offender perform unlawful or
Elements:
unauthorized acts
• offender is a public officer
• Such acts provokes or give
occasion for a war involving or
• he has in his possession the articles, liable to involve the phil or expose
data or information by reason of his Filipino citizens to reprisals on their
public office person or property
• he discloses their contents to a *intention is immaterial, can be caused
representative of a foreign nation by imprudence
*other acts of espionage (commonwealth act *committed in time of peace
no. 616 )
Art. 119 violation of neutralism
• sec 1. Unlawfully obtaining or
permitting to be obtained information *penalty – prision correccional
affecting national defense
*neutrality – a nation or power w/c takes no • Going to enemy’s country is prohibited
part in a contest of arms going on between by competent authority
others
*resident alien may be guilty of art 121
Elements:
*art 121 cannot be committed when fleeing to
• There is war, but phil is not involved enemy is not prohibited by competent
authority
• There is a regulation issued by
competent authority enforcing C. PIRACY AND MUTINY ON THE HIGH
neutrality SEAS IN PHILIPPINE WATERS
• Offender violates such regulation Art. 122 piracy in general and mutiny on the
high seas or in the Philippine waters (reclusion
Art. 120 correspondence w/ hostile country perpetua)