Luis B.

Reyes

Title One
Crimes Against National Security and the Law of Nation

Crimes against National Security

1. Treason
2. Conspiracy and Proposal to commit treason
3. Misprision of treason
4. Espionage
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Article 114. Treason. Any Filipino citizens who levies war against the Philippines or
adheres to her enemies, giving them aid or comfort within the Philippines or
elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not
to exceed 100,000 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 Philippines, who commits act of treason as
defined in paragraph 1 of this article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed 100,000 pesos (As amended by Sec. 2, R.A.
No. 7659, which took effect on 31 December 1993.)
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Treason is a breach of allegiance to a government, committed by a person
who owes allegiance to it.
- A violation by a subject of his allegiance to his sovereign or to the
supreme authority of the state
Penalty
1. Reclusion Perpetua to death
2. An alien residing in the Philippines, Reclusion Temporal to Death
3. A fine not to exceed 100,000 pesos.
Elements of Treason
1. That the offender is a Filipino citizen or an alien residing in the Philippines
2. That there is war in which Philippines is involved
3. That the offender either
A. Levies war
a. That there be an actual assembling of men
b. For the purpose of executing a treasonable design by force
- levying of war must be with the intent to overthrow the
government.
- there must be a collaboration with a foreign enemy.

B. adheres to the enemies, giving them aid or comfort

a. Adherence to the enemy
- means intent to betray

b. 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.
- Must be given to the enemy by some kind of action. It must be a deed or
physical activity.
General Rule: to be treasonous, the extent of the aid or comfort given to the
enemies must be to render assistance to them as an enemies and not merely as
an individuals and in addition, be directly in furtherance of the enemies hostile
design.
- There is aid or comfort no matter how vain or futile the attempt may be, as long
as the act committed tends to strengthen the enemy. It is not the degree of
success, but rather the aim for which the act was perpetrated.
- The aid or comfort given to the enemies must be after the declaration of war
between the countries, and the term enemies applies only to the subjects of a
foreign power. It does not embrace rebels in insurrection against their own
country, because they are still citizen and not enemies.
Note:

Adherence and giving aid or comfort must concur together. Adherence alone without
giving aid or comfort or aid or comfort without adherence does not constitute treason.

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.
It must be adhered to each and every one of all the external manifestations of the
overt act in issue. (People v. Abad, 78 Phil 766)
It is not required that their testimony be identical. (Hauf v. United States, 67 S. Ct.
8740)
Severely restrictive. It requires that each of the witnesses must testify to the whole
overt act; or if it is separable, there must be two witnesses to each part of the overt
act. (People v. Escleto, 84 Phil 121)

Adherence may be proved:

1. By one witness
- It is not required to be proved by disposition of two witnesses, because what is
designed in the mind of an accused never is susceptible of proof by direct
testimony.
2. From the nature of the act itself

3. From the circumstances surrounding the act

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Article 115. Conspiracy and Proposal to commit Treason. Penalty The conspiracy
and Proposal to commit the crime of treason shall be punished respectively, by
prision mayor and a fine not exceeding 10,000 pesos and by prision correccional and
a fine not exceeding 5,000 pesos.
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How is it committed?
Conspiracy
When 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. (Art. 8 and 114)
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.

Why is it punishable
-

The reason is that in Treason the very existence of the state is endangered.

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Article 116. Misprision of Treason. Every person owing allegiance to the (United
States or) the Government of the Philippine Islands, without being a foreigner, and
having knowledge of any conspiracy against them, who 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.
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Elements of Misprision
1. That the offender must be owing allegiance to the government
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.

Note:
Article 116 does not apply when the crime of treason is already committed by someone; this
is so because Article 116 speaks of Knowledge of any conspiracy against the Government.

Article 116 is an exception to the rule that mere silence does not make a person
criminally liable.

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Article 117. Espionage. The penalty of prission correccional shall be inflicted upon
any person who:
1. Without authority therefore, 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 a possession by reason of 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 in higher degree shall be imposed if the offender be a public
officer or employee.
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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 to the advantage of the foreign nation.

Elements (No. 1)
a) That the offender enters any of the places mentioned therein;
-

The offender is any person, whether a citizen or a foreigner, a private individual or a

public officer.

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.
-

The offender must have intention to obtain information relative to the defense of the
Philippines.
It is not necessary that the offender should have obtained any information, plans, etc. It
is sufficient that he has the purpose to obtain any of them when he entered a warship,
fort or naval or military establishment.

Elements (No. 2)
a) That the offender is a public officer;
b) That he has in his possession the articles, data or information referred to in
paragraph no. 1 of article 117, by reason of public office he holds;
c) That he discloses their contents to a representative of a foreign nation.

Espionage distinguished from Treason

-

Treason
Committed only in time of war
Is limited in two ways of committing
a crime: Levying war, adhering to the
enemy giving him aid or comfort

Espionage
May be committed both in time of
peace or in time of war
May be committed in many ways
(Commonwealth Act No. 616)

Crimes against the Law of Nation

1. Inciting to war or giving motives for reprisal (Art. 118)
2. Violation of Neutrality (Art. 119)
3. Correspondence with hostile country (Art. 120)
4. Flight to enemys country (Art. 121)
5. Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)
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Article 118. Inciting to war or giving motives for reprisals. The penalty for
reclusion temporal shall be impose 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.
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Elements:
1. That the offender performs unlawful or unauthorized acts.
-

Such acts might disturb the friendly relation that we have with a foreign country, and
they are penalized even if they constitute a mere imprudence.

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
-

The intention of the offender is immaterial. The law considers the effect produced by the
acts of the accused.

Note:
The crime of inciting to war or giving motives for reprisals is committed in time of peace.
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Article 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.
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Elements:
1. That there is war in which the Philippines is not involved;
2. That there is a regulation issued by a competent authority for the purpose of
enforcing neutrality;
3. That the offender violates such information
-

It is the violation of such regulations that constitute the crime.

Neutrality, Defined.
A nation or power which takes no part in a contest of arms going on between others.
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Article 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 the correspondence be carried on 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.
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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
-

The crime is committed even if correspondence contains innocent matters, because of

the possibility that some information useful to the enemy might be revealed
unwittingly.

b) Carried on in ciphers or conventional signs, or

c) Containing notice or information which might be useful to the enemy.
Circumstances qualifying the offense (must concur together):
1. That the notice or information might be useful to the enemy.
2. That the offender intended to aid the enemy.
Note: If the offender intended to aid the enemy by giving such notice or information, the
crime amounts to treason; hence, the penalty is the same as that for treason.

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Article 121. Flight to enemys 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.
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Elements:
1. That there is war in which the Philippines is involved;
2. That the offender must be owing allegiance to the government;
- The allegiance contemplated in this article is either natural or temporary allegiance. An
alien resident in this country can be held liable under this article.

3. That the offender attempts to flee or go to enemy country;

4. The going to enemy country is prohibited by competent authority.

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Article 122. Piracy in general or mutiny on the high seas or in the Philippine
waters. The penalty of reclusion perpetua shall be inflicted upon any person who,
on the high seas or in Philippine waters 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.
The same penalty shall be inflicted in case of mutiny on the high seas or in
Philippine waters. (As amended by Sec. 3, R.A. No. 7659)
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Elements:
1. That the vessel is on high seas or in Philippine waters.
2. That the offenders are not members of its complement or passengers.
3. That the offenders
(a) Attack or seize that vessel
(b) Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
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.
- The person who attack a vessel or seize its cargo are strangers to said vessels.
Mutiny - is unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.
- The offenders are members of the crew or passengers.

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Article 123. Qualified Piracy. The Penalty of reclusion perpetua 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 a pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (As amended by R.A. No. 7659)
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Title Two
CRIMES AGAINST FUNDAMENTAL LAW OF STATE
Section One Arbitrary detention and Expulsion
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Article 124. Arbitrary Detention Any public Officer or employee who, without legal
grounds, detains a person, shall suffer:
1. The penalty of arresto mayor in its maximum period to prision correccional in
its minimum period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days.
3. The penalty of prision mayor, if the detention has continued for more than 15
days but not more than six months
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal
grounds for the detention of any person.
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Elements: