Title One CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Section One.

Treason and espionage Article 114. Treason Article 115. Conspiracy and proposal to commit treason Article 116. Misprision of treason Article 117. Espionage Section Two. Provoking war and disloyalty in case of war Article 118. Inciting to war or giving motives for reprisals Article 119. Violation of neutrality Article 120. Correspondence with hostile country Article 121. Flight to enemys country Section Three. Piracy and mutiny on the high seas in Philippine waters Article 122. Piracy in general and mutiny on the high seas or in Philippine waters Article 123. Qualified piracy

Q: Is it necessary under this mode that the purpose of levying war is to deliver the country in whole or in part to the enemy? A: Yes, if the uprising is committed without enemy collaboration, the crime would be rebellion not treason. 2nd mode: Adhering to the giving them aid or comfort enemies,

Adherence to the enemy means intent to betray. There is adherence to the enemy when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interest. Aid or comfort means 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. Adherence alone, without giving aid or comfort, does NOT constitute treason. The aid and comfort must be a deed or physical activity. To be treasonous, the extent of aid and comfort must be to render assistance to them as enemies and not merely as individuals, and be directly in furtherance of the enemies hostile designs. However, the act need not actually strengthen the enemy. The aid or comfort under this mode must be after the declaration of war. The enemies must be subject of a foreign power. When killings and other common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or complexed with treason. Example: Where the accused served as secret agent for the Japanese, and in the performance of such service, he participated in the Japanese expeditions against guerillas and committed mass murders, arson and robberies, and those deeds were charged an element of treason, they become identified with the crime of treason and cannot be the subject of a separate punishment. But this rule will not preclude the punishment of common crimes as such, IF the prosecution should elect to prosecute the culprit specifically for those crimes, instead of relying on them as an element of treason.

Article 114. Treason Elements: 1. Offender is a Filipino citizen or an alien residing in the Philippines; 2. There is a war in which the Philippines is involved; 3. The offender either a. Levies war against the Government; or b. Adheres to the enemies, giving them aid or comfort. Treason cannot be committed in time of peace. 1st mode: Levying Government war against the

There must be an actual assembling of men. Thus, the actual enlistment of men to serve against the government doesnt amount to levying war. Under this mode, it is not necessary that there be a formal declaration of the existence of a state of war. Actual hostilities may determine the date of the commencement of war. The war must be directed against the government, not merely to resist a particular statute or to repel a particular officer. However, it is NOT necessary that those attempting to overthrow the govt succeed in their designs.

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Ways of proving treason A person may be convicted of treason on the following evidence ONLY: 1. [Two-witness rule] Testimony of two witnesses, at least, to the same overt act; or 2. Confession of the accused in open court. The two-witness rule The testimony of two witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. Q: A testified that he saw X on guard duty in the Japanese garrison on Monday. B testified that he also saw X on guard duty in the garrison on Wednesday. Can X be convicted of treason on the basis of A & Bs testimony? A: No. Both overt acts, although of the same nature and character, are two distinct acts. Either one, to serve as a ground for conviction, must be proved by two witnesses. That one witness should testify as to one, and another as to the other, was held not enough.
Laurel v. Misa Petition for habeas corpus by Laurel based on the theory that a Filipino citizen who adhered to the enemy giving the latter aid and comfort during the Japanese occupation cannot be prosecuted for the crime of treason because (1) of the suspension of the sovereignty of the legitimate government in the Philippines resulting in the suspension of the correlative allegiance of Filipinos thereto, and (2) of the changes of sovereignty upon the proclamation of the Philippine Republic. HELD: Citizen owes absolute/permanent allegiance to his government/sovereign, which should not be confused with the qualified/temporary allegiance which a foreigner owes to the government of his current residence. This absolute allegiance is not abrogated by enemy occupation because the sovereignty of the government de jure is not transferred thereby to the occupier, remaining vested in the legitimate government. What may be suspended is the exercise of the rights of sovereignty passing temporarily to the occupant, and not the allegiance which subsists with the subsistence of the sovereignty of the legitimate government. The change in government from commonwealth does not affect the crime of treason. It holds applicable to the present government being an offense against the same government and sovereign people. People vs. Perez Perez was convicted of treason and sentenced to death where 5 of the 7 counts against him alleged his abduction

of girls for the purpose of using them to satisfy the sexual desires of Japanese officials. HELD: For an act to be treasonous, it should be one that renders assistance to the occupants to further their hostile designs. Sexual relations between the women and the Japanese officials cannot be said to aid in the furtherance of the objectives of the enemies. Dissent by Pablo: Entertainment tones up the nerves of the soldiers. Services or favors that should have been performed by Japanese women were done by Filipino women. This helped improve the phases of their military activities. People vs. Prieto Prieto, a Makapili who aided the Japanese in apprehending Filipino guerillas (who were tortured and executed after being apprehended) was convicted of 4 counts of treason. HELD: Murder and physical injuries are identified as an element of treason and they cannot be the subject of a separate punishment, or make a complex crime with treason. They are averred as a constitutive ingredient of treason. But where the State prosecutes them for such acts not as an overt act for treason, then the accused can be punished for such acts if found guilty. People vs. Manayao Manayao et al were charged and found guilty of treason with multiple murders. They were sentenced to death and to pay the fine with indemnity to heirs of the victims of the town they massacred with the Japanese troops. The massacre was witnessed by the two children spared from the killing. HELD: The Makapili is not part of the Japanese Army in the Philippines being an organization of traitors, pure and simple. This doesnt divest the Peoples Court of jurisdiction. They have not lost their citizenship when no evidence that he has subscribed to an oath of allegiance to support the laws of Japan and that he showed his acceptance of a commission in the Armed Forces of Japan were presented. They are still subject of the law on treason in the Philippines. People vs. Adriano Adriano was found guilty of treason by virtue of his being a Makapili. The prosecution however did not introduce any other evidence except for his membership. Furthermore, the alleged acts committed by the accused were not established or concurred by testimonies from 2 witnesses. HELD: The two-witness requirement in the crime of treason should be applied restrictively the lawmakers having intended for it to be applied with the same rigidity and inflexibility due to the seriousness of the crime and the abnormality of the times from American origin. Hilado dissenting: Being a Makapili was one single continuous and indivisible overt act of giving aid to the Japanese invaders. There is no need for at least 2 witnesses to have testified on one same act.

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(Mode 1) Elements: 1. Offender enters a warship, fort or naval or military establishment or reservation 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 It is not necessary that information be actually obtained. (Mode 2) Elements: 1. Offender is a public officer 2. He has in his possession (by reason of the public office he holds) any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines 3. He discloses their contents to a representative of a foreign nation
COMMONWEALTH ACT No 616 An Act to Punish Espionage and Other Offences Against National Security Acts punished: 1) Unlawfully obtaining or permitting to be obtained information affecting national defence o by going upon, entering, flying over or otherwise by obtaining information concerning any vessel, aircraft, work of defence or other place connected with the national defence, or any other place where ay vessels, aircraft, arms, munitions or other materials for the use in time of war are being made, or stored, for the purpose of obtaining information respecting national defence, with intent to use it to the injury of the Phil or to the advantage of any foreign nation. (this is the 1st par) o by copying, taking, making or attempting or inducing or aiding another to copy, take, make or obtain any sketch, photograph, photographic negative, blue print, plan, map instrument, appliance, document, writing, or note of anything connected with the national defence, for the same purpose and with like intent as in 1st par. (this is the 2nd par) o by receiving or obtaining or agreeing or attempting or inducing or aiding another to receive or obtain from any sources any of those data mentioned in 2nd par, code book or signal book, knowing that it will be obtained or disposed of by any person contrary to the provisions of the Act.

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 levy war against the govt or to adhere to the enemies and to give them aid or comfort; and 3. They decide to commit it. Elements (Proposal): 1. In time of war 2. A person who has decided to levy war against the govt or to adhere to the enemies and to give them aid or comfort, 3. Proposes its execution to some other person or persons. The two-witness rule does not apply to conspiracy or proposal to commit treason. Article 116. Misprision of treason Elements: 1. Offender must be owing allegiance to the Government, and not a foreigner 2. He has knowledge of any conspiracy (to commit treason) against the Government 3. He conceals or doesnt 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. A116 will not apply when the crime of treason has already been committed by someone and the accused doesnt report its commission to the proper authority. The law says knowledge of any conspiracy against not knowledge of treason actually committed. The offender in misprision is punished as an accessory to the crime of treason. Hence, the penalty for misprision is two degrees lower than that provided for treason. Article 117. Espionage Two ways of committing espionage

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by communicating or transmitting, or attempting to communicate or transmit to any person not entitled to receive it, by wilfully retaining and failing to deliver it on demand to any officer or employee entitled to receive it, the offender being in possession of, having access to, control over, or being entrusted with any of the date mentioned in 2nd par, or code book or signal book. o 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, abstracted or destroyed any of the data mentioned in 2nd par, code book or signal book, the offender being entrusted with or having lawful possession or control of the same. Unlawful disclosing of information affecting national defence o by communicating, delivering or transmitting or attempting or aiding or inducing another to do it, to any foreign govt or any faction or party or military or naval force within a foreign country, whether recognised or unrecognised by the Phil, or to any representative, officer, employee, subject or citizen thereof, any of the date mentioned in 2nd par above, code book or signal book. If committed in times of war, the penalty is death or imprisonment for not more than 30 years. o in times of war, by collecting, recording, publishing or communicating or attempting to elicit any information with respect to the movement, number, description, cnondition or disposition of any of the armed forces, ships, aircraft, or war materials of the Phil, or with respect to the plans or conduct of any military, naval or air operations or with respect to any works or measures undertaken for the fortification or defence of any place, or any other information relating to the public defence, which might be useful to the enemy. The penalty is death or imprisonment for not more than 30 years. Disloyal acts or words in time of peace o by advising, counselling, urging or in any other manner by causing insubordination, disloyalty, mutiny or refusal of duty of any member of the military, naval or air forces of the Phil o by distributing any written or printed matter which advises, counsels, or urges such insubordination, disloyalty, mutiny, or refusal or duty. Disloyal acts or words in time of war o by willfully making or conveying false reports or false statements with intent to interfere with the operation or

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success of the Armed Forces of the Phil to promote the success of its enemies, by willfully causing or attempting to cause insubordination, disloyalty, mutiny or refusal of duty in the Armed Forces o by willfully obstructing the recruiting or enlistment service. Conspiracy to violate preceding sections o 2 or more persons conspire to violate the provisions of section 2, 3 or 4 o one or more of such persons do any act to effect the object of the conspiracy Harboring or concealing violators of the law o the offender knows that a person has committed or is about to commit an offence o the offender harbors or conceals such person

Other acts punished: o using or permitting or procuring the use of an aircraft for the purpose of making photograph, sketch, etc of vital installations or equipment of the Armed Forces o reproducing, publishing, selling etc uncensored copies of photograph, sketch etc of the vital military, naval or air post, camp or station, without permission of the commanding officer o injuring or destroying or attempting to injure or destroy war materials, premises or war utilities when the Phil is at war o making or causing was materials to be made in a defective manner when the Phil is at war o injuring or destroying national defence material, premises or utilities o making or causing to be made in a defective manner, or attempting to make or cause to be made in a defective manner, national defence material. Espionage Both not conditioned by offender May be committed in time of peace or war Many ways of committing espionage, taking RPC117 and CA616 together Treason the citizenship of the Committed only in time of war Only two ways of committing treason

Article 118. Inciting to war or giving motives for reprisals. Elements:

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1. Offender performs unlawful or unauthorized acts 2. 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 Illustration: The public destruction of the flag or seal of a foreign state or the public manifestations of hostility to the head or ambassador of another state. Article 119. Violation of neutrality Elements: 1. There is a war in which the Philippines is no involved 2. There is a regulation issued by competent authority for the purpose of enforcing neutrality 3. The offender violates such regulation

These acts amount to treason. Hence, the penalty is the same as that for treason. Article 121. Flight to Enemy's Country Elements: 1. There is a war in which the Philippines is involved; 2. Offender must be owing allegiance to the government; 3. Offender attempts to flee or go to enemy country; 4. Going to the enemy country is prohibited by competent authority. Mere attempt to flee or go to enemy country consummates the crime. Article 122. Piracy in general and Mutiny on the High Seas or in Philippine Waters Acts punished as piracy 1. Attacking or seizing a vessel on the high seas or in Philippine waters; 2. 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. The vessel is on the high seas or Philippine waters; 2. Offenders are neither members of its complement nor passengers of the vessel; 3. Offenders either a. attack or seize a vessel on the high seas or in Philippine waters; or b. seize 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; 4. There is intent to gain. Piracy 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.
Robbery on the high seas Offender is an outsider The offender is a member of the complement or a passenger of the vessel Manner of committing the crime is the same Piracy

Article 120. Correspondence with hostile country Elements: 1. In time of war in which the Philippines is involved 2. The offender makes correspondence with an enemy country or territory occupied by enemy troops 3. 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. Correspondence means communications by means of letters. Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the Government, it is punishable. Prohibition by the Government is not essential in paragraphs 2 & 3 of Article 120. Circumstances qualifying the offense: 1. Notice or information might be useful to the enemy; AND 2. Offender intended to aid to enemy

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There is intent to gain Piracy Persons who attack a vessel or seize its cargo are strangers to said vessels Intent to gain essential Mutiny Offenders are members of the crew of passengers Intent to gain not essential, offenders may only intend to ignore the ships officers

occasion of piracy) as a special complex crime punishable by death regardless of the number of victims.

Article 123. Qualified Piracy Elements: 1. The vessel is on the high seas or Philippine waters: 2. Offenders may or may not be members of its complement, or passengers of the vessel; 3. Offenders either a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment., or personal belongings of the crew or passengers; 4. The preceding were committed under any of the following circumstances: a. whenever they have seized a vessel by boarding or firing upon the same; b. whenever the pirates have abandoned their victims without means of saving themselves; or c. whenever the crime is accompanied by murder, homicide, physical injuries or rape.
R.A. 6235 An Act Prohibiting Certain Acts Inimical to Civil Aviation Who are punishable? 1. Any person who shall compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. (1) 2. Any person who shall compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. (1) The penalty shall be increased whenever the violations above were committed under any of the following circumstances: Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft; Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. (2)

People vs. Lol-lo and Saraw Boat carrying men, women and children on its way between two islands in the Dutch East Indies were waylaid by six vintas manned by 24 armed Moros. At first, they asked for good but one on the Dutch boat, they took all of the cargo, attacked some of the men and brutally violated two of the women. All the people were placed back into the boat except the two men, and holes were made with the idea of submerging the boat. They took the women and repeatedly violated them. Two of the raiders were Lol-lo and Saraw, the former participating in the rape. The women eventually escaped while Saraw and Lol-lo returned to TawiTawi where they were apprehended and tried. They were found guilty and sentenced to life imprisonment. HELD: Pirates are in the law hostes humani generis. 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. The jurisdiction in the crime of piracy unlike other crimes has no territorial limits, nor does it matter that a crime was committed within the jurisdictional 3-mile limit of a foreign state, for those limits, through neutral to war, are not neutral to crimes. People vs. Rodriguez Rodriguez et al (crew members of M/V Noria 767) were charged with the crime of piracy, found guilty and sentenced to death. They were able to obtain 3M as total amount and escaped through the use of pump-boats. Ten dead bodies were seen at the wharf as victims of the seajacking HELD: Where rape, murder or homicide is committed in the crime of piracy, the penalty imposable is mandatory death penalty according to PD532 amending RPA 134. People vs. Siyoh Siyoh et al were accused of qualified piracy with triple murder and frustrated murder, found guilty and sentenced to death. With the use of pump-boats, they were able to divest money and goods from de Guzman and his companions on the way to Mataja island. The companions were killed while de Guzman was able to escape wounded. HELD: Although the body of de Guzman was still missing, the number of persons killed on the occasion of piracy is not material. PD532 considers qualified piracy (when rape, murder, or homicide is committed as a result or on the

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3. Any person, natural or juridical, who shall ship, load or carry in any passenger aircraft operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance or material. (3) Explosive - any substance, either solid or liquid, mixture or single compound, which by chemical reaction liberates heat and gas at high speed and causes tremendous pressure resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting caps, black powders, bursters, percussions, cartridges and other explosive materials, except bullets for firearm. "Flammable" any substance or material that is highly combustible and self-igniting by chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds, ammonium chlorate and other ammonium mixtures and other similar substances or materials. "Corrosive" any substance or material, either liquid, solid or gaseous, which through chemical reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials and substances. "Poisonous" any substance or materials, except medicinal drug, either liquid, solid or gaseous, which through chemical reactions kills, injures or impairs a living organism or person, and shall include but not limited to allyl isothiocyanate, ammunition (chemical, nonexplosive but containing Class A, B or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials. For any death or injury to persons or damage to property resulting from a violation of 3 above, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal Code. Authority of airline companies to inspect cargo etc. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of the provisions of this law If the owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof. (8)

Disclaimer on airline ticket Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a part of the contract between the passenger and the air carrier. (9)

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