CRIMES AGAINST

NATIONAL
SECURITY

TREASON (Art. 114)

Commited in the
time of

War (cannot be
commited at the time
of peace

Nature of Crime

violation by a subject of
his allegiance to his
sovereign or to the
supreme authority of
the State

Offender

Owes allegiance to the

Philippines:

CONSPIRACY AND
PROPOSAL TO
COMMIT TREASON
(Art. 115)
War (cannot be
commited at the
time of peace

MISPRISION OF
TREASON (Art. 116)

ESPIONAGE (Art.
117)

War (cannot be
commited at the
time of peace

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
posible time
At least two (2)
persons

Article 16 is an
exception to the
rule that mere
silence does not
make a person
criminally liable.

not necessarily at
war
(both in times of
war and peace)
Purpose is to gather
data

A. CONSPIRACY

1. He has the
knowledge of
conspiracy to
commit treason
against
government

Only by citizens of
the Philippines who
owes allegience

1. No authority
2. Public
officer

1. PERMANENT- to the
country an individual
resides
2. TEMPORARY-to his
own country
Modes of
committing

1. levying war against

the government ,
a. There must be an
actual assemblying of
men
b. formal declaration of
existence of war is NOT
necessary
c. war must be directed
against the
government
d. must be for the
purpose of executing a
treasonable
e. levying of war must
be in collaboration with
a foreign enemy
2. or adhere to the
enemies by giving them
aid and comfort
a. giving

1. levying war
against the
government ,
2. or adhere to the
enemies by giving
them aid and
comfort
3. They decide to
commit it
B. PROPOSAL
1. levying war
against the
government ,
2. or adhere to the
enemies by giving
them aid and
comfort
3. He proposes its

2. 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 he
resides (not limited.
This includes
persons in authority
having equivalent
jurisdiction like a
provincial
commander)

1. person with no
authority
a. enters Warship,
Fort, Naval, or
Military
establishment or
Reservation
b. purpose is to
obtain Information,
Plans, Photographs
or Other data of a
confidential nature
relative to the
defense of the
Philippines
2. public officer
a. has possession of
Articles, Data or
Information referred
to in paragraph 1 of
Article 117, by
reason of the office
he holds
b. discloses their
contents to a
representative of a
foreign nation

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CRIMINAL LAW 2 NOTES: CODAL PROVISIONS TABLE BY ISV

Modes of Proving

execution to the
enemies, giving
them aid or comfort

ISV NOTES: CRIMINAL LAW 2

information to or
commandeerin
g foodstuffs for,
the enemy is
evidence of
both adherence
to the enemy
1. Testimony of at
least 2 witnesses
to the same
overt Act, or
2. Confession of
accused in
open court

Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against
National Security
Acts punished
1. Unlawfully obtaining or permitting to be obtained information affecting national defense;
2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in times of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections;
6. Harboring or concealing violators of law. and
7. Photographing vital military information
CRIMES AGAINST LAWS OF NATIONS
In crimes against the law of nations, the offenders can be prosecuted anywhere in the world
because these crimes are considered as against humanity in general, like piracy and mutiny.
Crimes against national security can be tried only in the Philippines, as there is a need to bring
the offender here before he can be made to suffer the consequences of the law. The acts
against national security may be committed abroad and still be punishable under our law, but it
cannot be tried under foreign law.
CRIMES AGAINST
LAW OF NATIONS
1 of 2
In time of

INCITING TO WAR
OR GIVING MOTIVES
FOR REPRISALS
(Article 118)
Peace

Person/s involved

Resident of the
Philippines

Modes of
Commiting

a. That the offender

performs unlawful or
unauthorized acts

VIOLATION OF
NEUTRALITY
(Article 119)
There is a war in
which the
Philippines is NOT
involved
Resident of the
Philippines
a. That there is a
regulation issued by
competent
authority for the
purpose of
enforcing
neutrality

CORRESPONDENCE
WITH HOSTILE
COUNTRY
(Article 120)
WAR

FLIGHT TO ENEMYS
COUNTRY
(Article 121)

Resident of the
Philippines

Resident or Alien
owing allegiance to
the government
1. That the offender
attempts to flee or
go to enemy
country

That the offender

makes
correspondence
with an enemy
country or territory
occupied
by enemy troops

WAR

b. 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

b. That the offender

violates such
regulation

That the
correspondence is
either
1. prohibited by the
government, or
2. carried on in
ciphers or
conventional signs,
or
3. containing notice
or information which
might be useful to
the enemy

2 That going to
enemy country is
prohibited by
competent
authority

Intent

Immaterial

immaterial

immaterial

Additional 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.

Govt must have

declared the
neutrality of the Phil
in a war between 2
other countries

CIRCUMSTANCES
a. notice or
information might
be useful to the
enemy

Mere attempt
consummates the
crime
There must be a
prohibition. If none,
even if went to
enemy country no
violation

The regulation must

be issued by a
competent
authority

b. offender
intended to aid the
enemy

Example

X burns Chinese
flag. If China bans
the entry of Filipinos
into China, that is
already reprisal

The violations can

be done either by
means of dolo or by
means of culpa. So
violation of
neutrality can be
committed through
reckless
imprudence.

Hostile country
exist only during
hostilities or after the
declaration of war

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CRIMES AGAINST
LAW OF NATIONS
2 of 2
PERSONS
INVOLVED

LOCATION

MODES
OF
COMMITTING

PIRACY
(122)

Stranger to the
Vesel (Neither
members of its
complement nor
passangers of the
vessel)
On the high seas
or Philippine
waters
1. attack or seize
that vessel or
(hence, if
committed by
crew or
passengers, the
crime is
not piracy but
robbery in the
high seas)
2. seize the whole
or part of the
cargo of said
vessel, its
equipment or
personal
belongings of its
complement or
passengers

QUALIFIED PIRACY
(123)

MUTINY

Offenders may or may

not be members of
the complement or
passangers of the
vessel

Either members of its

complement or passengers
of the vessel

Vessel is on the high

seas or Philippine
waters

Vessel is on the high seas or

Philippine waters

QUALIFYING
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
c. Whenever the
crime is accompanied
by murder, homicide,
physical injuries, or
rape.
(the above may result
to qualified mutiny)

a. attack or seize the

vessel; or

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.

b. seize the whole or part

of the cargo, its
equipment, or personal
belongings of the crew
or passengers.

ANTI HIJACKING
(Kind of Piracy)
RA 6235
Stranger to the
vessel

On the high
seas of
Philippine
waters
(1) usurping or
seizing control
of an aircraft of
Philippine
registry while it is
in flight,
compelling the
pilots thereof to
change the
course or
destination of
the aircraft;
(2) usurping or
seizing control
of an aircraft of
foreign registry
while within
Philippine
territory,
compelling the
pilots thereof to
land in any part
of Philippine
territory;
(3) carrying or
loading on
board an
aircraft
operating as a
public utility
passenger
aircraft in
the Philippines,
any flammable,
corrosive,
explosive, or
poisonous
substance; and
(4) loading,
shipping, or
transporting on

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board a cargo
aircraft
operating as a
public utility in
the Philippines,
any flammable,
corrosive,
explosive, or
poisonous
substance if this
was
done not in
accordance
with the rules
and regulations
set and
promulgated by
the Air
Transportation
Office on this
matter.
INTENT
Additional Notes

To gain
High seas:
without the
boundaries of the
low
water mark
although such
waters may be in
the jurisdictional
limits of a foreign
govt
Piracy in high
seas jurisdiction
is with any court
where offenders
are found or
arrested
Piracy in internal
waters
jurisdiction is only
with Philippine
courts

To gain
Murder, rape,
homicide, physical
injuries are mere
circumstances
qualifying piracy and
cannot
be punished as
separate crimes, nor
can they be
complexed with
piracy.
Parricide/infanticide
should be included
(Judge Pimentel)
Murder/rape/
homicide/physical
injuries must have
been committed on
the
passengers or
complement

No intent to gain
unlawful resistance to a
superior officer, or the
raising of commotions and
disturbances aboard a ship
against the authority of its
commander.

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under the
amended article,
piracy can only
be committed by
a person who is
not a passenger
nor member of
the complement
of the vessel
irrespective of
venue. So if a
passenger or
complement of
the vessel
commits acts of
robbery in the
high seas, the
crime is
robbery, not
piracy.
If in the Phil.
waters still piracy

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