Atty.

Tet Ocampo
§ What are the elements of treason under Article 114?
§ The elements of treason under Article 114 are:
1. That the offender owes Allegiance to the Government of the Philippines;
2. There is a war in which the Philippines is involved; and
3. The Offender either (modes of commission):
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or comfort

§ Who can be liable for the crime of treason?

§ Just as citizen or subject of a government or sovereign may be prosecuted for and
convicted of treason committed in a foreign country, in the same way an inhabitant of a
territory occupied by the military forces of the enemy may commit treason against
his/her own legitimate government or sovereign if he/she adheres to the enemies of the
latter by giving them aid and comfort (Laurel v. Misa, G.R. No. L-409, January 30, 1947).
§ What are the different kinds of Allegiance?
§ Allegiance may either be:
1. Permanent – a citizen’s obligation of fidelity and obedience to his/her government or sovereign; or
2. Temporary – allegiance which a foreigner owes to the government or sovereign of a territory wherein
he/she resides so long as he/she remains there, in return for the protection he/she receives, and which
consists of obedience to the laws of the government or sovereign (Laurel v. Misa, G.R. No. L-409,
January 30, 1947)

§ What are the modes of committing treason?

§ The modes of committing treason under Article 114 are:
1. Levying war against the government, which requires:
a. An actual assembling of men; and
b. For the purpose of executing a treasonable design by force
2. Adhering to the enemies, giving them aid and comfort requires:
a. An actual adherence to the enemies; and
b. Giving aid or comfort to them
§ Is a formal declaration of a state of war required in treason by levying war against the
government?
§ In treason by levying war, there need not to be a formal declaration of the existence of a state of war. Actual
hostilities may determine the date of the commencement of war (U.S. v. Lagnason, G.R. No. 1582, March 28,
1904)
§ What is the extent of aid and comfort required by Article 114?
§ As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies must be to
render assistance to the enemies and not merely as individuals and in addition, be directly in furtherance of
the enemies’ hostile designs. To make a simple distinction: to lend or to give money to an enemy as a friend
or out of charity to the beneficiary so that he/she may buy personal necessities is to assist him/her as
individual and is not technically traitorous. On the other hand, to lend or give him/her money to enable
him/her to buy arms or ammunition to use in waging war against the giver’s country enhances his/her
strength and by the same count injures the interest of the government of the giver. That is treason. (People v.
Perez, G.R. No. L-856, April 18, 1949)
§ What are the ways to prove treason?
§ Treason may be proved through the following:
1. Testimony of two witnesses, at least, to the same overt act (Two-witness rule); or
2. Confession of the accused in open court
§ What is the “Two-witness rule”?
§ The two-witness rule are severely restrictive and require that each of the witnesses must
testify to the whole overt act; or if it is separable, there must be two witnesses to each of
the overt acts (People v. Escleto, G.R. No. L-1006, June 28, 1949).
§ Although there may not be corroboration between the two prosecution witnesses on the
points they testified, yet when the witnesses are uniform in their testimony on the overt act
of treason charged, the two-witness rule is complied with (People v. Concepcion, G.R. No.
L-1553, October 25, 1949).

§ What defense can an accused avail in treason?

§ In the eye of the law, nothing will excuse the act of joining an enemy, but the fear of
immediate death; not the fear of any inferior personal injury, nor the apprehension of any
outrage upon property (People v. Jesus, G.R. No. L-2313, January 10, 1951).
§ What are the elements of conspiracy to commit treason?
§ The elements of conspiracy to commit treason are:
1. The Philippines is at war;
2. Two or more persons come to an agreement to:
a. Levy war against the government; or
b. Adhere to the enemies and give them aid or comfort; and
3. They decided to commit it

§ What are the elements of the proposal to commit treason?

§ The elements of proposal to commit treason are:
1. The Philippines is at war;
2. A person who has decided to levy war against the government, or to adhere to the enemies and
give them aid or comfort; and
3. Such person proposes its execution to some other person or persons
§ What are the elements of misprision of treason?
§ The elements of misprision of treason under Article 116 are: (CCC)
1. The offender is a Citizen of the Philippines, and not a foreigner;
2. He/she knows about any Conspiracy to commit treason against the Government; and
3. He/she 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/she resides

§ When is misprision of treason not applicable?

§ Article 116 does not apply when treason is already committed by someone and the accused
does not report its commission. This is because Article 116 speaks of “knowledge of any
conspiracy against” the Government of the Philippines, not knowledge of treason actually
committed by another.
§ What is the liability of the offender in the misprision of treason?
§ The offender in Article 116 is a principal in the crime of misprision of treason, but is punished
as an accessory to the crime of treason. Hence, he/she is punished with two degrees lower than
that provided for treason.
§ What are the ways of committing espionage under Article 117?
§ The following are the ways of committing espionage:
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. This requires that:
a. That the offender enters any of the places mentioned therein;
b. That he/she has no authority therefor;
c. That his/here 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 no. 1 of Article 117, which he/she had in his/her possession
by reason of public office he/she holds. This requires that:
a. That the offender is a public officer;
b. That he/she has in his/her possession the articles, data or information referred to in
paragraph no. 1 of Article 117, by reason of the public office he/she holds; and
c. That he/she discloses their contents to a representative of a foreign nation
§ When is the crime of espionage under the first mode consummated?
§ In this mode, espionage is consummated by the mere entry of the accused without
authority into warship, fort, military or naval establishment or reservation; Provided, that
the purpose is to obtain information relative to the defense of the Philippines. However, it
is not necessary that the information is actually obtained; purpose to obtain information
being sufficient.
§ What is the difference between espionage and treason?
§ TREASON is committed only in time of war, while ESPIONAGE may be committed both in
time of peace and in time of war
§ TREASON is limited in two ways of committing the crime: levying war, and adhering to the
enemy by giving aid or comfort; while ESPIONAGE may be committed in many ways
§ The following are the elements of inciting to war or
giving motives for reprisal:
1. The offender performs unlawful or unauthorized acts;
and
2. Such acts:
a. Provoke or give occasion for a war involving or liable
to involve the Philippines; or
b. Expose Filipino citizens to reprisals on their persons
and property
(an act of reprisal is an act of retaliation)
§ The following are the elements of violation of neutrality:
1. There is War in which the Philippines is not involved;
2. There is a Regulation issued by a competent authority
for the purpose oof enforcing neutrality; and
3. The offender Violates such regulation
§ The following are the elements of correspondence with hostile
country:
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;
b. Carried on in ciphers or conventional signs; or
c. Containing notice or information which might be useful to
the enemy
§ When is the prohibition by the Government not essential?
§ The phrases “if such correspondence” or “if notice or information
be given thereby” in paragraphs 2 and 3, respectively, do not
require that there should be prohibition by the Government to
make the correspondence.
§ What are the circumstances qualifying the crime of correspondence
with hostile country?
§ The following qualify the crime of correspondence with hostile
country:
1. That the notice or information might be useful to the enemy; and
2. That the offender intended to aid the enemy
§ The following are the elements of Flight to enemy’s country:
1. That there is a War in which the Philippines is involved;
2. That the offender must be owing Allegiance to the Government;
3. That the offender attempts ton Flee or go to enemy country; and
4. That going to enemy country is Prohibited by competent authority

§ Who may be liable for the crime of flight to enemy’s country?

§ Alien residents, not only Filipino citizens, may be guilty of flight to enemy
country, because an alien owes temporary allegiance to the Philippine
Government.
§ How is the crime of flight to enemy’s country consummated?
§ Mere attempt to flee or go to enemy country when prohibited by competent
authority consummates the felony.
In relation to Art 122, 123 of the Revised Penal Code
§ Philippine waters – It shall refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the Islands of the
Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and
all other waters belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other submarine areas over
which the Philippines has sovereignty or jurisdiction.
§ Vessel - Any vessel or watercraft used for transport of passengers and cargo from
one place to another through Philippine Waters. It shall include all kinds and types
of vessels or boats used in fishing.
§ Philippine Highway – It shall refer to any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad within the Philippines used by
persons, or vehicles, or locomotives or trains for the movement or circulation of
persons or transportation of goods, articles, or property or both.
§ Piracy – Any attack upon or seizure of any vessel, or the taking away of the whole
or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof, by means of violence
against or intimidation of persons or force upon things, committed by any person,
including a passenger or member of the complement of said vessel, in Philippine
waters, shall be considered as piracy. The offenders shall be considered as pirates
and punished as hereinafter provided.
§ Highway Robbery/Brigandage - The seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away of the property of another by means
of violence against or intimidation of person or force upon things of other unlawful
means, committed by any person on any Philippine Highway.
1. PIRACY and
2. HIGHWAY ROBBERY/BRIGANDAGE

NOTE: Aiding pirates or highway

robbers/brigands, or abetting piracy or
highway robbery/brigandage makes the
person an accomplice.
§ Piracy is robbery or forcible depredation on the high seas, without lawful authority
and done animo furandi, and in the spirit and intention of universal hostility.
(People v. Lol-lo, En Banc, G.R. No. 17958, February 27, 1922, Per Malcolm, J.)
§ Elements of Piracy:
1. That there is a vessel;
2. That the vessel is in Philippine waters;
3. That the offender either:
a. Attacks a vessel; or
b. Seizes the vessel
4. By means of violence against or intimidation of persons of force upon things
(Section2(d), P.D. No. 532)
§ In piracy under the Revised Penal Code, a pirate
must neither be a member of complement of a
vessel nor a passenger thereof. The pirate must be
an outsider.
§ In piracy under P.D. No. 532, a pirate is any person
or member of the vessel. The pirate can be an
outsider or insider.
§ It is the unlawful resistance to a superior, or the raising of commotions and
disturbances on board a ship against the authority of its commander.
Piracy Mutiny
As to offenders In piracy, the In mutiny, the offenders are necessarily inside
offenders are the vessel, they are either member of the
strangers to the complement or passengers of the vessel
vessel
As to existence In piracy, there is In mutiny, there is no intent to gain because the
of intent to intent to gain because essence of the crime is to go against the lawful
gain it is similar to robbery authority of the commander of the ship and the
offenders may only intend to ignore the ship’s
officers of they may be prompted by a desire to
commit plunder
§ The circumstances qualifying piracy and mutiny are:
1. Whenever they have seized a vessel by boarding or
firing upon the same;
2. Whenever pirates have abandoned their victims without
means of saving themselves; or
3. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape
PIRACY Reclusion temporal in its
medium and maximum
periods
QUALIFIED PIRACY If physical injuries or other crimes are Reclusion perpetua
committed as a result or on the
occasion of piracy
If rape, murder or homicide is Death penalty
committed as a result or on the
occasion of piracy, or when the
offenders abandoned the victims
without means of saving themselves, or
when the seizure is accomplished by
firing upon or boarding a vessel
§ Elements of highway robbery/brigandage:
1. That the offender either:
a. Seizes any person for ransom, extortion or other unlawful
purposes; or
b. Takes away of the property of another by means of violence
against or intimidation of person or force upon things of other
unlawful means; and
2. That such acts are committed on any Philippine Highway; and
3. That such acts were done indiscriminately against any person
§ The number of perpetrators is no longer an essential element of
the crime of brigandage as defined by P.D. No. 532. (People v.
Mendoza, G.R. No. 104461, February 23, 1996, Per Panganiban, J.)
§ [P.D. 532] does not require that there be at least four armed
persons forming a band of robbers; and the presumption in the
Code that said accused are brigands if they use unlicensed
firearms no longer obtains under the decree. (People v.
Puno [1993], Per Regalado, J.)
§ [T]he purpose of brigandage is, inter alia, indiscriminate highway
robbery. If the purpose is only a particular robbery, the crime is
only robbery, or robbery in band if there are at least four armed
participants. (People v. Puno [1993], Per Regalado, J.)
§ Further, that Presidential Decree No. 532 punishes as highway
robbery or brigandage only acts of robbery perpetrated by
outlaws indiscriminately against any person or persons on
Philippine highways as defined therein, and not acts of robbery
committed against only a predetermined or particular victim, is
evident from the preambular clauses thereof. (People v.
Puno [1993], Per Regalado, J.)
§ [T]he essence of brigandage under the [Revised Penal Code] as a
crime of depredation wherein the unlawful acts are directed not
only against specific, intended or preconceived victims, but
against any and all prospective victims anywhere on the highway
and whosoever they may potentially be, is the same as the concept
of brigandage which is maintained in Presidential Decree No. 532,
in the same manner as it was under its aforementioned precursor
in the Code and, for that matter, under the old Brigandage Law.
(People v. Puno [1993], Per Regalado, J.)
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
(Sec.1);
2. Usurping or seizing control of an aircraft of foreign registry while within
Philippine territory, compelling the pilots thereof to land in any party of the
Philippine territory (Sec.1);
3. Carrying or loading on board an aircraft operating as a public utility passenger
aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous
substances (Sec. 3);
§ What are the necessary requisites before the Anti-Hijacking Law apply?
§ The aircraft must be of Philippine registry and it must be in flight.
§ When is an aircraft considered in flight?
§ An aircraft is considered in flight from the moment all exterior doors are closed following the
embarkation until such time when the same doors are again opened for embarkation. (This
means that there are passengers that boarded. The aircraft shall be deemed to be already in
flight even if its engine has not yet been started.)
§ If the aircraft is of Philippine registry but it is not in flight and any of the four
circumstances mentioned under R.A. No. 6235 is committed, what law applies?
§ The Anti-Hijacking Law will not apply and the acts will be punished accordingly under the RPC
or the applicable special penal laws. The correlative crime may be one
of grave coercion or grave threat. If somebody is killed, the crime is homicide or murder, as the
case may be.
§ If the aircraft is of foreign registry, is it required that it is in flight before R.A. No. 6235
applies?
§ No, because aircrafts of foreign registry are considered in transit while they are in foreign
countries.
§ Isthere hijacking in the attempted stage?
§ No, R.A. No. 6235 is a special law where the attempted stage is not
punishable.
§ In the course of hijacking, a passenger or complement was shot and
killed. What crime or crimes were committed?
§ The crime remains to be a violation of the Anti-Hijacking Law, but
the penalty thereof shall be higher because a passenger or
complement of the aircraft had been killed. The crime of homicide
or murder per se is not punished.
§ Compelling the pilot of an aircraft of Philippine Registry to change its destination
while in transit is a _____?
a. Grave coercion
b. A violation of the Anti-Hijacking Law or R.A. No. 6235
c. Grave threats
d. A violation of the Human Security Act of 2007 or the Anti-Terrorism Law
e. All of the above
Human Security Act of 2007
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d’etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under:
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and
5. Presidential Decree No. 1866 as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
§ thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of
the crime of terrorism and shall suffer the penalty of forty (40) years
of imprisonment, without the benefit of parole as provided for under
Act No. 4103, otherwise known as the Indeterminate Sentence Law, as
amended.
§ The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary
notwithstanding, a police or law enforcement official and the members of his team
may, upon a written order of the Court of Appeals, listen to, intercept and record,
with the use of any mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use of any other
suitable ways and means for that purpose, any communication, message,
conversation, discussion, or spoken or written words between members of a
judicially declared and outlawed terrorist organization, association, or group of
persons or of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism.
§ Provided, That surveillance, interception and recording of communications
between lawyers and clients, doctors and patients, journalists and their sources
and confidential business correspondence shall not be authorized.
§ The written order of the authorizing division of the Court of Appeals to track down, tap,
listen to, intercept, and record communications, messages, conversations, discussions,
or spoken or written words of any person suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism shall only be granted by the authorizing
division of the Court of Appeals upon an ex parte written application of a police or of a
law enforcement official who has been duly authorized in writing by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex parte application, and upon
examination under oath or affirmation of the applicant and the witnesses he may
produce to establish:
(a) that there is probable cause to believe based on personal knowledge of facts or
circumstances that the said crime of terrorism or conspiracy to commit terrorism has
been committed, or is being committed, or is about to be committed;
(b) that there is probable cause to believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the conviction of any charged or
suspected person for, or to the solution or prevention of, any such crimes, will be
obtained; and
(c) that there is no other effective means readily available for acquiring such evidence.
§ All tapes, discs, and recordings made pursuant to the authorization of the authorizing division of the
Court of Appeals, including all excerpts and summaries thereof as well as all written notes or
memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the
period fixed in the written order of the authorizing division of the Court of Appeals or within forty-eight
(48) hours after the expiration of any extension or renewal granted by the authorizing division of the
Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the
applicant police or law enforcement official and the members of his team.
§ In case of death of the applicant or in case he is physically disabled to execute the required affidavit, the
one next in rank to the applicant among the members of the team named in the written order of the
authorizing division of the Court of Appeals shall execute with the members of the team that required
affidavit.
§ It shall be unlawful for any person, police officer or any custodian of the tapes, discs and recording, and
their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete,
expunge, incinerate, shred or destroy in any manner the items enumerated above in whole or in part
under any pretext whatsoever.
§ Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated
above shall suffer a penalty of not less than six years and one day to twelve (12) years of imprisonment.