JAN 25
Posted by Magz
TITLE ONE
Article 114
ELEMENTS OF TREASON:
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sucient to convict yet. Y later saw the arms unloaded in a warehouse.
Will X + Y be sucient witnesses to convict? Answer: NO. Because the law
requires that 2 witnesses see the SAME OVERT ACT.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying Im guilty is not enough.
3. Withdrawing plea of not guilty during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of adavit during trial, even if assisted by
counsel is not enough.
Not Treasonous:
1. Acceptance of public oce and discharge of ocial duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
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On Citizenship
Adherence and giving aid or comfort must concur together. Adherence: when
a citizen intellectually or emotionally favors the enemy and harbors
convictions disloyal to his countrys policy. But membership in the police force
during the occupation is NOT treason.
Adherence may be proved by: (1) one witness; (2) from the nature of the act
itself; (3) from the circumstances surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, oender can be
prosecuted.
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Article 115
ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to
1. In time of war
2. 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/s.
Article 116
MISPRISION OF TREASON
ELEMENTS:
1. That the oender must be owing allegiance to the government, and not a
foreigner
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 scal of the province or the mayor or scal of the
city in which he resides
Article 117
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ELEMENTS:
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Article 118
ELEMENTS:
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
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Govt must have declared the neutrality of the Phil in a war between 2 other
countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality
Article 120
ELEMENTS:
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to ocials of enemy
country even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
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Article 121
ELEMENTS
Article 122
PIRACY
1. By a acking or seizing a vessel on the high seas or in the Philippine waters (PD
532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or
personal belongings of its complement or passengers
Elements:
High seas: any waters on the sea coast which are without the boundaries of the
low water mark although such waters may be in the jurisdictional limits of a
foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where oenders are found
or arrested
Piracy in internal waters jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy Mutiny
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Article 123
QUALIFIED PIRACY
CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or ring upon the same
2. Whenever the pirates have abandoned their victims without means of saving
themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualied mutiny)
Reference:
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About Magz
First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the
College of Law but stopped going to law school for some reasons. I'm a passionate teacher
who has been teaching English to speakers of other languages and a person who likes
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writing and blogging. I lost some important les and software when my computer broke
down so the reason I created this website is to preserve the notes, reviewers and digests I
collected when I was at the law school and at the same time, I want to help out law
students who do not have enough time to go and read books in the library.
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Posted on January 25, 2012, in Criminal Law and tagged Criminal Law Book 2 -
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