Criminal Law Handout Unit 1 1
Criminal Law Handout Unit 1 1
Criminal Law Handout Unit 1 1
HANDOUT UNIT 1
CRIMINAL LAW
Prepared by:
ATTY. EUNICE FLEUR BELVIS
Mobile Number: 09478429759
[email protected]
Criminology Department
Allegiance – is the obligation of fidelity and obedience which the individuals owe to the
government under which they live or to their sovereign, in return for protection they
receive.
Nature of Treason
Treason is a war crime (hence, cannot be committed during a time of peace), punished
by the state as a measure of self-defense and self-preservation.
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Punishable Acts of Treason
1. Levying war – requires concurrence of:
a. An actual assembling of men; and
b. For the purpose of executing a treasonable design by force;
2. Adherence to enemies – requires concurrence of:
a. Actual adherence to the enemies; and
b. Giving aid or comfort to them.
Example: Serving as informer and active member of the Japanese Military Police
Enemy - refer to a foreign country. It applies only to the subjects of a foreign power in
a State of hostility with the traitor’s country because this Article treats of circumstances
of war.
Aid or Comfort - is the act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitor’s country and an act which weakens or tends to
weaken the power of the traitor’s country to resist or to attack the enemy. It must be a
deed or physical activity.
Examples: Furnishing the enemy with arms, troops, supplies, information or means of
transportation, and not merely a mental operation.
Note:
1. The overt act must be intentional. There is no treason through negligence.
2. Giving information to the enemy or commandeering foodstuffs for the enemy is
evidence of both adherence and aid or comfort.
Ways to prove:
1. Treason (Overt act of giving aid or comfort)
a. Testimony - at least 2 witnesses to the same overt act; or
b. Judicial confession of the accused in open court.
2. Adherence
a. One witness;
b. Nature of act itself; or
c. Circumstances surrounding the act.
Two-witness rule:
Testimonies need not be identical, but must relate to the same overt act. It is
sufficient that the witnesses are uniform in their testimonies on the overt act; not
necessarily that there be a corroboration between them on the point they testified on.
The two-witness rule is severely restrictive; hence, 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.
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Reason for two-witness rule:
The special nature of the crime requires that the accused be afforded a special
protection not required in other cases so as to avoid a miscarriage of justice.
Effect when the acts of Treason are committed after Conspiracy or Proposal
If acts of treason are committed after the conspiracy or proposal, the crime
committed will be treason, and the conspiracy or proposal is considered as a means
in the commission thereof. The act of conspiracy and proposal are absorbed therein.
Note: Two-witness rule is not applicable since this is a crime separate and distinct
from treason.
Elements:
1. That the offender is a citizen of the Philippines, and not a foreigner;
2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as
possible to the proper authority.
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Art. 117. Espionage
Espionage – is the offense of gathering, transmitting, or losing information with
respect to 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 the advantage of a foreign
nation.
Elements
1. Offender enters any of the places mentioned;
2. He has no authority therefore;
3. His purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
Note: There must be an intention to obtain information relative to the defense of the
Philippines, although it is not necessary that the information is obtained.
Elements
1. Offender is a public officer;
2. 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;
3. He discloses their contents to a representative of a foreign nation.
Persons liable:
1. First mode:
ANY person whether:
a. Filipino citizen OR resident alien (foreigner); or
b. Private individual or a public officer; and
2. Second mode:
a. A public officer
Acts punishable:
1. Unlawfully obtaining or permitting to be obtained information affecting national
defense;
2. Disloyal acts or words in time of peace (i.e. causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any member of the military, naval, or air
forces of the Philippines);
3. Harboring or concealing violators of the law (i.e. the offender harbors a person whom
he knows as someone who committed or is about to commit a violation of this Act);
4. Photographing, from aircraft, of vital military information;
5. Destroying or injuring or attempting to injure or destroy war material (when the
country is at war) or national defense material, premises or utilities (Even if the
country is not at war).
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Distinguished Espionage and Treason
ESPIONAGE TREASON
As to condition of citizenship
Both are crimes not conditioned by the citizenship of the offender
As to when they should be committed
It may be committed both in time of It is committed only in time of war
peace and in time of war
As to manner of commission
It may be committed in many ways not It is limited to 2 ways:
only because of Art. 116 but in view of 1. Levying war; and
the passage of C.A. No. 616 2. Adhering to the enemy, giving them aid
or comfort
Reprisal - is an act of self-help on the part of the injured state, responding (after an
unsatisfied demand for redress) to an act contrary to international law on the part of
the offending state. Reprisals are not limited to military action; it could be economic in
nature, or consist of denial of entry into the offended country.
Elements:
1. The offender Performs Unlawful or unauthorized acts; and
2. 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.
Note: The crime is committed only in times of peace.
Neutrality
It is the condition of a nation that, in times of war, takes no part in the dispute but
continues peaceful dealings with the belligerents. There must be a regulation issued
by competent authority for the enforcement of neutrality.
Elements:
1. There is a War in which the Philippines is Not Involved;
2. For the Purpose of Enforcing neutrality, there is a Regulation issued by
competent authority; and
3. That the offender Violates the regulation.
Note: It is the neutrality of the Philippines that is violated. Philippines should not be
a party to the war.
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Elements:
1. There is a WAR in which the Philippines is Involved;
2. 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,
b. carried on in Ciphers or Conventional signs, or
c. containing notice or information which might be useful to the Enemy.
Qualifying circumstances:
The following must concur together –
1. That the notice or information might be useful to the enemy; and
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 penalty same as that for treason.
Elements:
1. There is a WAR in which the Philippines is Involved;
2. The offender Owes Allegiance to the government;
3. The offender Attempts to flee or go to enemy country; and
4. Going to enemy country is Prohibited by competent authority
Note: There must be a prohibition. If there is none, even if one went to enemy country,
there is no crime.
Art. 122. Piracy in General and Mutiny on the High Seas or In Philippine
Waters
1. Piracy: 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 the vessel, its equipment or personal belongings of the complement or passengers.
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Elements of Piracy
1. The Vessel is on the high seas or in Philippine waters;
2. The Offenders are NEITHER members of its complement nor passengers of the
vessel; and
3. The offenders –
a. Attack or seize the vessel, or
b. Seize whole or part of vessel’s cargo, Equipment or personal belongings of its
complement or passengers.
4. There is intent to gain.
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. Pirates are, in
law, hostes humani generis (enemy of mankind).
Note: Under P.D. 532 or the ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW
OF 1974, piracy may be committed even by a passenger or member of the
complement of the vessel.
Elements of Mutiny
1. The Vessel is on the high seas or in Philippine waters;
2. The Offenders are Members of its complement or passengers of the vessel; and
3. The offenders unlawfully resist a superior, or raise commotions and disturbances
on board the vessel against the authority of its commander
Philippine waters
All bodies of water and all waters belonging to the Philippines by historic or legal title,
including the territorial sea, the sea-bed, the insular shelves, and other submarine
areas over which the Philippines has sovereignty and jurisdiction.
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 government; parts
of the sea that are not included in the exclusive economic zone, in the territorial seas,
or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.
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Distinguish Piracy from Mutiny
Elements:
A. Piracy is qualified under the following circumstances:
1. Seizure of the vessel by Boarding or Firing upon the same;
2. There was the Abandonment by pirates of victims without means of saving
themselves; or
3. The crime was Accompanied by murder, homicide, physical injuries, or rape.