Crimes Against National Security and Law of Nations Crimes Against National Security

ARTICLE 114. Treason. —

- Any person who, owing allegiance to the United States or the Government of the Philippine Islands, not even a
foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine
Islands or elsewhere, shall be punished by reclusión perpetua to death and shall pay a fine not to exceed P20,000
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

. • it is sufficient that the witness is uniform in their testimony on the overt act; it is not necessary that there be
corroboration between them on the point they testified

Elements:

1. That the offender is a Filipino citizen or an alien residing in the Philippines;

2. That there is a war in which the Philippines is involved;

3. That the offender either

A. levies war against the Government; or

B. adheres to the enemies giving them aid or comfort

adherence may be proved:

1. by one witness;

2. from the nature of the act itself; or

3. from the circumstances surrounding the act

• LEVYING WAR

• levying of war: requires an actual assemblage of men for the purpose of executing a treasonable design by force;
not required: actual arm encounter between the government forces and traitors

• membership is not treason absence of an actual assemblage of men for treasonable purpose

• if there is an actual assemblage of men for treasonable purpose: there is treason even though there is no actual
clash of arms

• GIVING AID AND COMFORT

• means an act which strengthens or tends to strengthen the enemy, and weakens or tends to weaken the power of
the traitor's country, in the conduct of war between them

• commandeering foodstuffs: indispensable to the conduct of war; however, commandeering women to satisfy the
conduct of lust is not treason

• inherent: treachery, evident premeditation and abuse of superior strength

• cruelty: appreciated in treason

ARTICLE 115. Conspiracy and Proposal to Commit Treason — Penalty. —

1. Filipino Citizen; or

2. Resident Alien

- Proposal or conspiracy to commit treason is committed by Filipino citizen or resident alien, who has decided to
commit treason and proposes its execution to some person or persons.

- The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a
fine not exceeding P10,000 pesos, and prisión correccional and a fine not exceeding P5,000 pesos.

• PROPOSAL AND CONSPIRACY TO COMMIT TREASON: committed by either a "Filipino citizen and/or resident
aliens"

• not an evidence of treason: mere acceptance of an appointment or mere acceptance of the commission as officer
of the enemy of the State;

• lesser crime of conspiracy to commit treason: attending meeting where conspiracy to levy war against the
Government was hatched, acceptance of appointment as officer of the armed forces to be raised for the furtherance
of the designs of conspirators and assumption of obligation as an officer

• conspiracy to commit treason by levying war:

1. attending meeting where conspiracy to levy war against the government was hatched;

2. acceptance of appointment as officer of the armed forces to be raised in furtherance of the designs of the
conspirators; and

3. assumption of obligation as officer

• 1st mode: membership: membership in an organization established to levy war against the Philippine government
in adherence to foreign enemy is not constitutive of treason in the absence of actual assemblage of men for
purpose of executing a treasonable design by force; members may be held liable for "conspiracy to commit treason"

• if there is actual assemblage of men for treasonable purpose, there is treason even though there is no actual clash
or arms

• 2nd mode: membership in an organization established to adhere to the enemy by giving it aid and comfort is
treason; being a member of organization of traitors is in itself constitutive of an overt act; not necessary that the
member actually went to battle or committed nefarious acts against his country or countrymen; the enemy derived
psychological comfort in the knowledge that he had citizen on his side citizens of the State with which it was at war;
note that adherence alone, without giving the enemy aid or comfort, does not constitute treason

• DOCTRINE OF ABSORPTION: if the person to whom the proposal is made actually commits the crime of treason,
said person and the proponent is also considered as principal by inducement; the conspirators could not be
separately held liable for conspiracy to commit treason since treason absorbs the crime of conspiracy to commit
treason; conspiracy in this case is just a mode of committing treason

• can be committed both during wartime and peacetime

• 2 witness rule does not apply: separate and distinct crime from treason
ARTICLE 116. Misprision of Treason

. — "failure to disclose conspiracy to commit 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.

Elements:

1. that the offender must be owing allegiance to the Government, 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 fiscal of
the province or mayor or fiscal of the city where he resides

• note that in answering the bar exams, you need to relate treason, conspiracy and proposal to commit treason,
and misprison of treason

• exception to the rule: that mere silence does not make a person criminally liable

• not punishable: misprison of rebellion, misprison of coup d'etat, or misprison of sedition (nullum crimen nulla
poena sine lege)

• failure of a priest to disclose information given by a confessant pertaining to conspiracy to commit rebellion is
not punishable; his non-disclosure of such information is due to insuperable cause, which is a exempting
circumstance, since confession is confidential, and he has an obligation to the Church not to reveal the same

TREASON AND CONSPIRACY OR PROPOSAL TO COMMIT MISPRISON OF TREASON

- can be committed by a "Filipino citizen" and a - can only be committed by a "Filipino Citizen"
"resident alien" - a "resident alien" cannot commit misprison of treason

• Japanese occupation: one could not commit misprison of treason since there are no authorities to whom
information on conspiracy to commit treason could be reported

• misprison of treason cannot be committed without conspiracy to commit treason; misprison of treason is failure
to report conspiracy to commit treason, and not failure to report the crime of treason

• if there is "no conspiracy to commit treason"; there is "no misprison of treason"

Article 117. Espionage. –

- The penalty of prision correccional shall be inflicted upon any person who: 1. Without authority therefor, 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 possession, by reason of the 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 higher in degree shall be imposed if the offender be a public officer or employee.
• espionage: espionage is the defense 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 any foreign nation

2 ways of committing espionage under Article 117:

1. by entering without authority therefor, 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 Philippines;
Elements:

A. that the offender enters any of the places mentioned therein;

1. warship,

2. fort, or

3. naval, or

4. military establishment, or

5. reservation

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

• there must be an intention to obtain information relative to the defense of the Philippines: if he has no
intention, he cannot be held liable under this provision

• it is not necessary that the information is not obtained

2. by disclosing to the representative of a foreign nation the contents of articles, data or information referred to in
paragraph No. 1 of Article 117, which he has in his possession by reason of the public officer he holds.

Elements:

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 the public office he holds;

C. that he discloses their contents to a representative of a foreign nation.

TREASON ESPIONAGE
- war crime -can be committed whether in time of war or
peace
- can only be committed by Filipino citizen or - can be committed by a person regardless of his
resident alien nationality; - the foreign status of a political
detainee does not exclude him ipso facto from
the scope of the law on espionage "because this
crime is not committed by the citizenship of the
offender”
- disclosing confidential military information by a - disclosing such information in adherence to an
public officer to representative of a foreign enemy in times of war constitutes treason and
nation not espionage
 Section Two. - Provoking war and disloyalty in case of war

1. inciting to war or giving motives to reprisals;

2. violation of neutrality;

3. correspondence with hostile country;

4. flight to enemy's country

Article 118. Inciting to war or giving motives for reprisals. –

- The penalty of reclusion temporal shall be imposed 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.

Elements:

1. that the offender performs unlawful or unauthorized acts;

2. that such acts provokes or give occasion for a war involving or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property.

• 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

• committed in time of peace

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.

Neutrality, defined. - a nation or power which takes no part in a contest of arms going on between others is
referred to a neutral

• there must be regulation issued by competent authority for enforcement of neutrality: it is the violation of the
"regulation" that constitutes the crime

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 such correspondence be carried on in 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.

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; or

B. carried on ciphers or conventional signs; or

C. containing notice or information which might be useful to the enemy

• definition of correspondence: is communication by means of letters; or it may refer to the letters which pass
between those who have friendly or business relations;

• even if the correspondence contains innocent matters: if the correspondence has been prohibited by the
government, it is punishable

Article 121. Flight to enemy 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. (there must be a prohibition by
"competent authority")

Elements: woap

1. that there is a war in which the Philippines in involved;

2. that the offender must be owing allegiance to the Government;

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

4. that going to the enemy country is prohibited by competent authority Section Three. - Piracy and mutiny on the
high seas or in Philippine waters

Section Three. - Piracy and mutiny on the high seas or in Philippine waters

Article 122. Piracy in general and mutiny on the high seas. –

- The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, 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.

Two ways or modes of committing felony:

1. by attacking or seizing a vessel on the high seas or in the Philippine waters;

2. by seizing in the vessel while on the high seas or in the Philippine waters the whole or part of its cargo, its
equipment or personal belongings of the complement or passengers

Elements: HPNotAS

1. that a vessel is on high seas or in Philippine waters;

2. that the offenders are not members of its complement or passengers of the vessel;

3. that the offenders (a) attack or seize that vessel, or (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 deprivation on the high seas, without lawful authority and done with animo furandi
and in the spirit and intention of universal hostility

• mutiny: mutiny is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on
board a ship against the authority of its commander

Article 123. Qualified piracy. –

- The penalty of reclusion temporal 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 the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

ARBITRARY DETENTION

THREE ways in committing arbitrary detention:

1. ARTICLE 124: BY DETAINING A PERSON WITHOUT ANY LEGAL CAUSE OR GROUND THEREFOR PURPOSELY TO
RESTRAIN HIS LIBERTY;

2. ARTICLE 125: BY DELAYING THE DELIVERY TO PROPER JUDICIAL AUTHORITY OF A PERSON LAWFULLY ARRESTED
WITHOUT A WARRANT;

3. ARTICLE 126: DELAYING RELEASE OF A PRISONER

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 fifteen days but not more than six
months; and

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.

Elements:

1. that the offender is a public officer or employee;

2. that he detains a person;

3. that the detention is without legal grounds

• PURSUIT OF HIS DUTY TO ARREST: the public officer must arrest a criminal suspect in pursuit of his authority to
make arrest
• kidnapping and serious illegal detention qualified by the circumstance of serious physical injuries: taking the
prisoner in a secluded place for the purpose of detaining and maltreating him; the accused did not commit the act in
furtherance or in pursuit of his official function

• legal grounds for detention:

1. the commission of a crime, or

2. violent insanity or

3. any other ailment requiring the compulsory confinement of the patient in a hospital

• lawful warrantless arrest: (applies to both peace officer and a private person)

1. when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;

2. when an offense has just been committed, and he has probable cause to believe based on personal knowledge of
facts and circumstances that the person to be arrested has committed it; and

3. when the person to be arrested is a prisoner who has escaped from a penal establishment or a place where he is
serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred
from one confinement to another

• police officer is not liable for arbitrary detention: at about midnight, 3 persons acting suspiciously entered an
uninhabited house; good people do not ordinarily lurk about streets and uninhabited premises at midnight

• simple imprudence resulting in arbitrary detention: failure to verify the order of release before proceeding to
make the re-arrest; even if the police officer is in good faith

Article 125. Delay in the delivery of detained persons to the proper judicial authorities.

- The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities
within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six
(36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case,
the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to
communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7,
1986 and July 25, 1987, respectively)

. Elements:

1. that the offender is a public officer or employee;

2. that he has detained a person for some legal ground;

3. that he fails to deliver such person to proper judicial authorities within:

A. 12 hours, for crimes or offenses punishable by light penalties, or their equivalent;

B. 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent; or

C. 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent

• must be detained for some legal grounds; if without legal grounds; the crime committed is "arbitrary detention"
• illegal parking: arresting a person for "illegal parking" is considered as arbitrary detention; since the penalty for
illegal parking should only be "fine"

• election day or special holiday shall be excluded in counting the period for delay in the delivery pf persons to
proper judicial authorities

• proper judicial authorities: pertains to Supreme Court or proper judicial authorities; fiscal is not a proper judicial
authority within the purview of Article 125, fiscal unlike a judicial authority, has no power to order either the
commitment or the release on bail of persons charged with penal offenses

• does not necessarily mean physical delivery: delivery is the making an accusation or charge or filing of an
information against him with the corresponding court, whereby the latter acquires jurisdiction to issue an order of
release or of commitment of the prisoner

• waiver must be valid: must be in writing and signed in the presence of a counsel; if the waiver is invalid, the police
officer can be charged of arbitrary detention

• delay in the delivery of persons to proper judicial authorities will not affect the charges against drugs: the
accused for possession of dangerous drugs cannot rely on the administrative shortcomings of the police officers to
get a judgment of acquittal; it does not diminish the fact that drugs were found in his possession

Article 126. Delaying release. –

- The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the
period of time specified therein the performance of any judicial or executive order for the release of a prisoner or
detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings
upon any petition for the liberation of such person.

Elements:

1. that the offender is a public officer or employee;

2. that there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such person;

3. that the offender without good reason delays:

A. the service of the notice of such order to the prisoner; or

B. the performance of such judicial or executive order for the release of the prisoner; or

C. the proceedings upon a petition for the release of such person

Article 127. Expulsion. –

- The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto
authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his
residence.

Acts punishable:

1. by expelling a person from the Philippines;

2. by compelling a person to change his residence.

1. that the offender is a public officer or employee;

2. that he expels any person from the Philippines, or compels a person to change his residence

3. that the offender is not authorized to do so by law

• Villavicencio v. Lukban: prostitutes are not chattels but human beings protected by the Constitutional guarantees
such as the provision on "liberty of abode; the Mayor could not even for praiseworthy of motives render the liberty
of the citizens so insecure; no official, no matter how high, is above the law

Section Two. - Violation of domicile

Article 128. Violation of domicile. –

- The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee
who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search
papers or other effects found therein

- without the previous consent of such owner, or

- having surreptitiously entered said dwelling, and

- being required to leave the premises, shall refuse to do so.

- If the offense be - committed in the night-time, or

- if any papers or effects not constituting evidence of a crime be not returned immediately after the search made
by the offender, the penalty shall be prision correccional in its medium and maximum periods.

Acts punished:

1. by entering any dwelling against the will of the owner thereof; or

2. by searching papers or other effects found therein without the previous consent of such owner; or

3. by refusing to leave the premises, after having surreptitiously entered said dwelling and after having been
required to leave the same.

Elements common to 3 acts:

1. that the offender is a public officer or employee;

2. that he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or
other effects

• VIOLATION OF DOMICILE: committed by public officials

1. enters any dwelling against the will of the owner thereof,

2. searches the papers or other effects found therein without the previous consent of such owner, or

3. surreptitiously enters it, and refuses to leave after being required to do so •