CRIMINAL LAW BOOK 2

BY: ATTY. CHRISTINE ANNE A. MORGADO, RPm

CRIMES AGAINST NATIONAL SECURITY AND
THE LAW OF NATIONS

CRIMES AGAINST NATIONAL SECURITY:

1. Treason Art. 114

2. Conspiracy and proposal to commit treason Art. 115
3. Misprision of treason Art. 116
4. Espionage Art. 117
CRIMES AGAINST THE LAW OF NATIONS

1. Inciting to war or giving motives for reprisals Art. 118

2. Violation of neutrality Art. 119
3. Correspondence with hostile country Art. 120
4. Flight to enemy’s country Art. 121
5. Piracy in general and mutiny on the high seas or in Phlippine waters Art.
122
6. Qualified Piracy Art. 123
Art. 114 Treason
Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them
aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to
death and shall pay a fine not to exceed Four million pesos (P4, 000,000).

"No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to
the same over act or on confession of the accused in open court.

"Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in
paragraph 1 of this article shall be punished by reclusion temporal to death and shall pay a fine
not to exceed Four million pesos (P4, 000,000)."

"Light felonies are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding Forty thousand pesos (P40,00) or both is provided."
Cont.

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.

Cont.

Treason, Defined.

Is a breach of allegiance to a government, committed by a person who

owes allegiance to it.

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
the protection they receive.
Cont.

Allegiance may be permanent or temporary.

Which means that even aliens or foreigners while owing allegiance to their
own country, still holds temporary allegiance to the country where he resides.

Example : A Chinese National who resides in the Philippines, Owes a temporary

allegiance to the same.
Cont.

Treason is a war crime.

This means that this crime can be committed only at times of war. It is not
an all time offense. It cannot be committed in time of peace.

As a war crime, treason is punished as a measure of self defense and self

preservation.

Example of war : Russia vs. Ukraine

Cont.

Two ways of committing treason:

1. By levying war against the Government

2. By adhering to the enemies of the Philippines, giving them aid or comfort.

Levying war:

1. That there be an actual assembling of men;

2. For the purpose of executing a treasonable design by force.
Cont.

Second mode of committing treason

Two elements:

1. Adherence; and
2. Giving aid or comfort to the enemy. ( must exist together)
Cont.

Adherence defined.
- Adherence to the enemy means intent to betray. There is adherence to the enemy
when a citizen intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s policy or interest.
Aid or comfort
- Means an act which strengthens or tends to strengthen the enemy in the conduct
of war against the traitor’s country and any act which weakens or tends to
weaken the power of the traitor’s country to resist or attack the enemy.
Cont.

Examples:

1. Giving valuable information or intelligence to the enemy;

2. Commandeering foodstuff to the enemy;
3. Giving free transportation to the enemy;
4. Being a Makapili during the Japanese occupation.

Note : The act must be physical act not merely an emotional or mental
operation.
Art. 115 Conspiracy and proposal to commit
treason

The conspiracy or proposal to commit the crime of treason shall be punished

respectively, by prision mayor and a fine not exceeding Two million pesos
(P2, 000, 000), and prision correccional and a fine not exceeding One million
pesos (P1, 000, 000)
Cont.

How committed:

- When two or more persons come to an agreement to levy war against the
Government or to adhere to the enemies and to give them aid or comfort,
and decide to commit it.
- The mere conspiracy and proposal to commit treason is punishable, for the
reason that the very existence of the state is endangered.
Art. 116 Misprision of treason

-Every person owing allegiance to the Government of the Philippine Islands,

without being a foreigner, and having knowledge of any conspiracy against
them, 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.
Cont.

Elements:
1. That the offender 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 fiscal of the province or the mayor or fiscal
of the city in which he resides.
Cont.

- Misprision of treason cannot be committed by a resident alien, the

offender must be owing allegiance to the Government without being a
foreigner.
- Art. 116 does not apply when the crime of treason is already committed by
someone and the accused does not report its commission to the proper
authority. This is because Art. 116 speaks of “knowledge of any conspiracy
to commit treason” and not knowledge of any treason committed.
Cont.

Example of Misprision of treason;

Juan, a Filipino Citizen, knew about the plans of Pedro and his friends to
commit treason. With that knowledge, Juan failed to report to the Governor or
Fiscal of his province. He is liable for misprision of treason.
Art. 117 Espionage

.- The penalty of prision correccional shall be inflicted upon any person who:

1. Without authority thereof, 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.
Cont.

Espionage Defined.

- Is the offense 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 the advantage
of any foreign nation.
Cont.

Par. 1
Elements:
1. That the offender enters any of the place mentioned therein;
2. That he has no authority thereof;
3. That his purpose is to obtain information, plans, photographs or other data
of confidential nature relative to the defense of the Philippines.
Cont.

Par. 2

Elements

1. That the offender is a public officer;

2. That he has in his possession the articles, data or information, referred to
in Par. 1;
3. That he discloses their contents to a representative of a foreign nation.
Cont.

- To be liable under par. 1 the offender must have the intention to obtain
information relative to the defense of the Philippines.
- It is not necessary that the information is obtained, It is sufficient that he
has the purpose to obtain any of them.

Example: A man enters a warship of the Philippines without any authority with
the purpose of obtaining data for the defense of the State. (He is liable under
Par. 1)
Cont.

Example of Par. 2

Pedro, a public officer, holds and knew an information about the defense
strategy of the Philippines. He discloses such information to President Xi Jin
Pin of China. He is liable under Par. 2
Art. 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.
Cont.

Elements:

1. That the offender performs unlawful acts;

2. That such acts provokes or gives occasion for a war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on their
personal property.
Cont.

Examples:
-Mocha Cookie, A Filipino Citizen, who was left by her Chinese Boyfriend, Bong
Go, Burns and Destruct the Flag of China in front of the Chinese Embassy.
-Pablo Escobar, A Notorious Gang Leader, raised troops of Filipino Men, to help
Russia to invade Ukraine.
Art. 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.
Cont.

Elements:

1. That there is a war in which the Philippines is not involved;

2. That there is a regulation issued by a competent authority for the purpose
of enforcing neutrality;
3. That the offender violets such regulation.
Cont.

Neutrality defined.

- A nation or power which takes no part in a contest of arms going on

between others is referred to as neutral.
Art. 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.
Cont.

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 in ciphers or conventional signs, or
c. Containing notice or information which might be useful to the enemy.
Cont.

Correspondence defined.

-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 correspondence contains innocent matters, if the correspondence has

been prohibited by the Government, it is punishable.
Art. 121 Flight to enemy’s 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.
Cont.

Elements:

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 to flee or go to enemy country;
4. That going to enemy country is prohibited by competent authority.
Cont.

Example:

While Philippines is in war with China, The government prohibited the flight of
any Filipino to China. Despite the prohibition, Juan still bought a ticket and flee
to China. He is liable.
Art. 122 Piracy

- 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.
Cont.

Two ways of committing piracy:

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

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

Elements of piracy (1st mode)

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

2. That the offender is any person; and
3. That the offender shall attack or seize that vessel.
Cont.

Elements (2nd mode)

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

2. That the offender is not a member of its complement or a passenger of the
vessel; and
3. That the offender seizes the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or passengers.
Cont.

Piracy Defined.

- It is robbery or forcible depredation on the high seas, without lawful

authority and done with animo furandi ( intention to steal) and in the spirit
and intention of universal hostility.
Art. 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.
PIRACY UNDER PD 532

● Under, PD 532, piracy is committed when the offender attacked or seized

the vessel or a part of the shipment. The personal belongings of the
passengers, irrespective of its value. The criminal act is executed by
means of force and violence, whether the offender may be a part of the
crew or a stranger to the vessel, is on the Philippine waters, and is ruled
under PD 532.
● If the vessel is on the high seas, Art. 122 of the RPC shall apply.
PIRACY UNDER RPC vs. PD 532

RPC PD 532
● January 1, 1932- August 7, 1974 ● August 8, 1974
● Under the RPC, the vessel is in the high ● In PD No. 532, the vessel must be in the
seas. Philippine waters.
● Under the RPC, the offender is any person ● In PD No. 532, the offender is any
who seizes the vessel or any person who
person.(passengers & strangers)
seizes the cargo, equipment, or personal
● Under PD No. 532, the penalty is reclusion
belongings, and who is not a crew member
or complement. (strangers) temporal, except when physical injuries or
● Under the RPC, the penalty for a simple other crimes are committed, in this case, it
piracy is reclusion perpetua. is penalized by reclusion perpetua.
Similarities of Piracy under the Revised
Penal Code Art 122 and with P.D. No. 532

● Piracy for both is committed by means of attacking or seizing the vessel,

or takes away the whole part thereof or its cargo, equipment, or the
personal belongings of its complements or passengers.
● The penalty for Qualified Piracy under the RPC and PD No. 532 is the same:
Reclusion perpetua.
Art 122 was later amended by RA 7659

● Anti-Heinous Crime Law

● December 13, 1993
● Piracy ca be committed in Philippine waters and high seas.
Section 3. Section Three, Chapter One, Title One of Book Two of the same Code is hereby amended to read as follows:

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

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion perpetua shall
be inflicted upon any person who, on the high seas, or in Philippine waters, 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
passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters."

Art. 123. Qualified piracy. - The penalty of reclusion perpetua 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."

What type of crime is Piracy?

● Piracy is a Crime against Law of Nation. Based in the nature of this crime,
the people indicted with the crimes of Piracy in the High seas can be tried
and punished under International Law or under the laws of the particular
nation where the pirates had been captured. In cases where Piracy
happened inside Philippine Waters, jurisdiction is within the purview of the
Philippine Courts.
Jurisdiction for Crimes against Piracy were
discussed in the below cases:

● In People of the Philippine Islands vs. Lol-Lo and Saraw:

“ The jurisdiction of piracy unlike all other crimes has no territorial limits.
As it is against all so may it be punished by all. Nor does it matter that the
crime was committed within the jurisdictional 3-mile limit of a foreign state,
“for those limits, though neutral to war, are not neutral to crimes.” (U.S. vs.
Furlong [1820], 5 Wheat., 184.)”
● In People of the Philippines vs. Roger P. Tulin:
“ As regards the contention that the trial court did not acquire jurisdiction over the
person of accused-appellant Hiong since the crime was committed outside Philippine
waters, suffice it to state that unquestionably, the attack on and seizure of “M/T
Tabangao” (renamed “M/T Galilee” by the pirates) and its cargo were committed in
Philippine waters, although the captive vessel was later brought by the pirates to
Singapore where its cargo was off-loaded, transferred, and sold. And such transfer was
done under accused-appellant Hiong’s direct supervision.
Although Presidential Decree No. 532 requires that the attack and seizure of the vessel
and its cargo be committed in Philippine waters, the disposition by the pirates of the
vessel and its cargo is still deemed part of the act of piracy, hence, the same need not
be committed in Philippine waters.”
What is Mutiny under Article 122 of the Revised
Penal Code?

● Mutiny is mentioned in the last paragraph of Article 122. The felony of

Mutiny also has the same penalty with that of Piracy. As defined in
Bouvier’s Law Dictionary, it refers to the unlawful resistance to a superior
officer, or the raising of commotions and disturbances on board a ship
against the authority of its commander.
Elements of Mutiny

The following elements must be present in order to determine the existence of

Mutiny:

The vessel is on the high seas or Philippine waters;

Offenders are either members of its complement, or passengers of the vessel;
Offenders either –
3.1. attack or seize the vessel; or
3.2. seize the whole or part of the cargo, its equipment, or personal belonging
of the crew or passenger
Distinguish Piracy from Mutiny
● Piracy and Mutiny though provided in the same article of the Revised Penal Code,
the two concepts are distinct from each other. The following are the distinction
between Piracy and Mutiny:

● With regard to the perpetrators/offenders;

In Piracy, offenders are generally strangers to the vessels, hence these offenders are
neither passengers nor crew members, with the exception of Piracy as defined under PD
532 wherein it can be committed by any persons including the vessel’s complement or
the passengers of the vessel only if the offense was committed inside Philippine
Waters.

While for Mutiny, the offenders are members of the complement or the passenger of the
vessel.
● With regard to the purpose;
In Piracy, the act is done with animo furandi to steal or an intent to
gain in the spirit of universal hostility.
In Mutiny, the purpose is against the authority of the ship and the
offenders only intend to ignore the authority of the ship’s officer or
may be prompted by the desire to commit plunder.