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CRIMES AGAINST NATIONAL SECURITY

Treason (Art. 114); Elements 1. 2. 3. Offender is a Filipino or resident alien; There is a war in which the Philippines is involved; Offender either a. b. levies war against the government; or adheres to the enemies, giving them aid or comfort within the Philippines or elsewhere

Conspiracy and proposal to commit treason (Art. 115); Elements of conspiracy to commit treason 1. 2. There is a war in which the Philippines is involved; At least two persons come to an agreement to a. b. 3. levy war against the government; or adhere to the enemies, giving them aid or comfort;

They decide to commit it.

Elements of proposal to commit treason 1. 2. There is a war in which the Philippines is involved; At least one person decides to a. levy war against the government; or

3.

b. adhere to the enemies, giving them aid or comfort; He proposes its execution to some other persons.

Misprision of treason (Art. 116); and Elements

1.

Offender owes allegiance to the government, and not a foreigner;

2. 3.

He has knowledge of conspiracy to commit treason against the government; He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides.

Espionage (Art. 117). Acts punished 1. By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photograph or other data of a confidential nature relative to the defense of the Philippines; Elements 1. 2. 3. Offender enters any of the places mentioned; He has no authority therefore; 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 paragraph 1 of Article 117, which he had in his possession by reason of the public office he holds. Elements 1. 2. 3. Offender is a public officer; He has in his possession the articles, data or information referred to in paragraph 1 of Article 117, by reason of the public office he holds; He discloses their contents to a representative of a foreign nation.

Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against National Security Acts punished 1. 2. 3. 4. Unlawfully obtaining or permitting to be obtained information affecting national defense; Unlawful disclosing of information affecting national defense; Disloyal acts or words in times of peace; Disloyal acts or words in times of war;

5. 6.

Conspiracy to violate preceding sections; and Harboring or concealing violators of law.

CRIMES AGAINST THE LAW OF NATIONS


Inciting to war or giving motives for reprisals (Art. 118); Elements 1. 2. Offender performs unlawful or unauthorized acts; The acts provoke or give occasion for a. b. a war involving or liable to involve the Philippines; or exposure of Filipino citizens to reprisals on their persons or property.

Violation of neutrality (Art. 119); Elements There is a war in which the Philippines is not involved; There is a regulation issued by a competent authority to enforce neutrality; 3. Offender violates the regulation.

Corresponding with hostile country (Art. 120); Elements 1. 2. It is in time of war in which the Philippines is involved; Offender makes correspondence with an enemy country or territory occupied by enemy troops; The correspondence is either a. b. c. prohibited by the government; carried on in ciphers or conventional signs; or containing notice or information which might be useful to the enemy.

3.

Flight to enemy's country (Art. 121); and Elements 1. 2. 3. 4. There is a war in which the Philippines is involved; Offender must be owing allegiance to the government; Offender attempts to flee or go to enemy country; Going to the enemy country is prohibited by competent authority.

Piracy in general and mutiny on the high seas (Art. 122).

1. 2. 3.

The vessel is on the high seas or Philippine waters; Offenders are neither members of its complement nor passengers of the vessel; Offenders either a. b. attack or seize a vessel on the high seas or in Philippine waters; or 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.

Elements of mutiny

1. 2. 3.

The vessel is on the high seas or Philippine waters; Offenders are either members of its complement, or passengers of the vessel; Offenders either a. b. attack or seize the vessel; or seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers.

Distinction between mutiny and piracy (1) As to offenders

Mutiny is committed by members of the complement or the passengers of the vessel. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. (2) As to criminal intent In mutiny, there is no criminal intent. In piracy, the criminal intent is for gain. Article 123. Qualified Piracy Elements

1. 2. 3.

The vessel is on the high seas or Philippine waters: Offenders may or may not be members of its complement, or passengers of the vessel; Offenders either a. b. attack or seize the vessel; or 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. b. whenever they have seized a vessel by boarding or firing upon the same; whenever the pirates have abandoned their victims without means of saving themselves; or whenever the crime is accompanied by murder, homicide, physical injuries or rape.

c.

Republic Act No. 6235 (The Anti Hi-Jacking Law) Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.