REVISED PENAL CODE – BOOK 2

CRIMES AGAINST
NATIONAL SECURITY AND
THE LAW OF NATIONS
ARTS. 114-123, RPC,TITLE I
 CRIMES AGAINST NATIONAL SECURITY:

1. Treason (Art. 114, RPC);

2. Conspiracy and proposal to commit
treason (Art. 115, RPC);
3. Misprision of Treason (Art. 116, RPC); and
4. Espionage (Art. 117, RPC).
 CRIMES AGAINST THE LAW OF
NATIONS:

1. Inciting to war and giving motives for reprisal (Art.

118, RPC);
2.Violation of Neutrality (Art. 119, RPC);
3. Correspondence with hostile country (Art. 120, RPC);
4. Flight to enemy country (Art. 121, RPC);
5. Piracy and mutiny (Art. 122, RPC); and
6. Qualified Piracy and Mutiny (Art. 123, RPC).
 GR: ALL CRIMES AGAINST NATIONAL
SECURITY C AN ONLY BE COMMITTED IN
TIMES OF WAR.

1. Espionage
2. Inciting to war or giving motives for
reprisal
3. Violation of Neutrality
4. Mutiny and piracy
 TREASON - ART. 114, RPC

Treason is a breach of allegiance to a government,

committed by a person who owes allegiance to it.

Allegiance - It 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.
 ELEMENTS OF TREASON

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; and
3. That the offender either:
a. Levies war against the Government; or
b. Adheres to the enemies, giving them aid or comfort.
 COMMISSION OF TREASON OUTSIDE
THE PHILIPPINES

1. If the offender is a Filipino citizen, he can commit

this crime even if he is outside the Philippines; or
2. Treason by an alien must be committed in the
Philippines (E.O. 44) except in case of conspiracy.
 MODES OF COMMITTING TREASON

1. Levying war against the government; or

2. Adhering to the enemies, giving them aid
and comfort.
 1ST MODE: “LEVYING WAR”

This requires the concurrence of two things:

1.That there be an actual assembling of men; and
2. For the purpose of executing a treasonable design by force.

NOTE: The levying of war must be with intent to overthrow the

government and not merely to resist a particular statute or to
repel a particular officer.
 2 ND MODE: ADHERENCE TO ENEMIES

There is adherence to enemies when a citizen,

intellectually or emotionally, favors the enemies and
harbors sympathies or convictions disloyal to his
country’s policy or interest.
Adherence alone without aid and comfort does not
constitute treason, but such adherence may be
inferred from the acts committed by a person.
 HOW TREASON MAY BE PROVED:

1. Testimony of two witnesses, at least, to the same overt act

(Two-Witness Rule) - The two-witness rule is severely restrictive
and requires that each witness must testify to the whole overt
act; or if it is separable, there must be two witnesses to each part
of the overt act; or
2. Confession of the accused in open court -Confession of guilt
in an open court before the judge, while actually hearing the case.
Extrajudicial confession or confession made before the
investigators is not sufficient to convict a person of treason.
 QUESTION

Q: X furnished women to the enemy. Does

the act constitute treason?
 ANSWER

A: NO. Commandeering of women to satisfy the

lust of the enemies or to enliven the entertainment
held in their honor was NOT treason even though
the women and the entertainments helped to make
life more pleasant for the enemies. (People v. Perez,
G.R. No. L-856, 18 Apr. 1949)
 TREASON AS A CONTINUING OFFENSE

It can be committed by a single act or by a series of

acts. It can be committed in one single or different
time. In treason, there is only one criminal intent.
A person who commits treason is not criminally
responsible for as many crimes of treason as the
overt acts he has intentionally committed to give aid
to the enemy.
AGGRAVATING CIRCUMSTANCES IN THE
CRIME OF TREASON:
 QUESTION

• Q: A was charged with the crime of treason. In his

defense, he asserts that he can no longer be
prosecuted for treason since he already lost his
Filipino citizenship under paragraphs 3, 4, and 6 of C.A.
No. 63, which provides that “…a Filipino may lose his
citizenship by accepting commission in the military,
naval, or air service of a foreign country…” when he
joined the Japanese armed forces. Is his defense
tenable?
 ANSWER

A: NO. A cannot divest himself of his Philippine

citizenship by the simple expedient of accepting a
commission in the military, naval, or air service of
such country. If such contention would be sustained,
the very crime would be the shield that would
protect him from punishment. (People v. Manayao,
G.R. No. L-322, 28 July 1947)
 CONSPIRACY AND PROPOSAL TO COMMIT
TREASON
ART. 115, RPC

It is committed when, in times of war, 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.
 ELEMENTS OF CONSPIRACY TO COMMIT
TREASON:

1. The Philippines is at War;

2. Two (2) or more persons come to an Agreement to:
a. Levy war against the government, or
b. Adhere to enemies and to give them aid or comfort;
and
3. They Decide to commit it.
 QUESTION

Q: The brothers Roberto and Ricardo Ratute, both Filipino citizens, led a
group of armed men in seizing a southern island in the Philippines, and
declaring war against the duly constituted government of the country. The
Armed Forces of the Philippines (AFP), led by its Chief of Staff, General
Riturban, responded and a full-scale war ensued between the AFP and the
armed men led by the brothers. The armed conflict raged for months. When
the brothers-led armed men were running out of supplies, Ricalde, also a
Filipino, and a good friend and supporter of the Ratute brothers, was tasked
to leave for abroad in order to solicit arms and funding for the cash-
strapped brothers.
 QUESTION (CONT.)

He was able to travel to Rwanda, and there he met with Riboli, a citizen and
resident of Rwanda, who agreed to help the brothers by raising funds
internationally, and to send them to the Ratute brothers in order to aid them in
their armed struggle against the Philippine government. Before Ricalde and Riboli
could complete their fundraising activities for the brothers, the AFP was able to
reclaim the island and defeat the Ratute-led uprising. Ricalde and Riboli were
charged with conspiracy to commit treason. During the hearing of the two cases,
the government only presented as witness, General Riturban, who testified on the
activities of the Ratute brothers, Ricalde, and Riboli. Can Ricalde and Riboli be
convicted of the crime of conspiracy to commit treason?
 ANSWER

A: Ricalde and Riboli cannot be convicted of the crime

of conspiracy to commit treason, because there was no
war existing when they committed the acts.
Jurisprudence considers treason as a crime committed
in times only of an international armed conflict. The
same is true with the felony of conspiracy to commit
treason. Moreover, the crimes were committed outside
the jurisdiction of Philippine Court.
 PROPOSAL TO COMMIT TREASON

It is committed when in times of war 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 or persons.
 ELEMENTS OF PROPOSAL TO COMMIT
TREASON

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 and comfort; and
3. Proposes its execution to some other person or
persons.
 MISPRISION OF TREASON
ART. 116, RPC

Elements of Misprision of Treason

1.That the offender is a Citizen of the Philippines, and not a foreigner;
2. That he has Knowledge of any conspiracy to commit treason against
the Government; and
3. That he Conceals or does not disclose or make known the same as
soon as possible to the Governor or Fiscal of the province or Mayor
or Fiscal of the city in which he resides.
 QUESTION

Q: X, a Filipino citizen, has knowledge of treason

committed by someone and does not report its
commission to the proper authorities. Can he be
held liable for Misprision of Treason?
 ANSWER

A: NO. Art. 116 does not apply when the crime of

treason is already committed. This is because Art.
116 speaks of “knowledge of any conspiracy against”
the Government of the Philippines, not knowledge
of treason actually committed by another.
 ESPIONAGE
ART. 117, RPC

Espionage 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 to the advantage of
any foreign nation.
 TWO (2) WAYS OF COMMITTING
ESPIONAGE UNDER ART. 117 OF THE RPC

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.
2. By disclosing to the representative of a foreign nation the contents of
the articles, data or information referred to in the preceding
paragraph, which he had in his possession by reason of the public
office he holds.
 OFFENDERS UNDER ART. 117

1. Par. 1 – the offender is any person, whether a citizen or

foreign individual or a public officer.
2. Par. 2 – the offender is a public officer, who has in his
possession, articles, data, or information by reason of the
public office he holds.
 OT H ER ACT S O F ESP IO NAGE T H AT A R E P UNI SH A BLE
UN D E R C . A . N O. 6 1 6 ( A N ACT TO P UN I SH E SP I O N AGE
A ND OT H ER O FFENSES AGA INST NAT IO NA L
SE CUR I T Y )

1. Unlawfully obtaining or permitting to be obtained information affecting national

defense;
2. Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in time of peace;
4. Disloyal acts or words in time of war;
5. Conspiracy to violate preceding acts;
6. Harboring or concealing violators of law; and
7. Photographing from aircraft of vital military information.
 INCITING TO WAR OR GIVING MOTIVES
FOR REPRISALS – ART. 118, RPC

Elements of Inciting to War or Giving Motives for

Reprisals
1. That the offender performs Unlawful or unauthorized
acts; and
2. That 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.
 QUESTION

Q: From 1658 to 2012, the inhabitants of Sabah Malaysia were paying

rents to the Sultanate of Sulu. On 2013, Sultan J of the Sultanate of
Sulu decided to send its royal forces in order to claim ownership over
Sabah on the basis of a document ceding ownership of Sabah from
Brunei in favor of Sulu.
Since Sabah is already part of the territory of Malaysia and claiming
that the act of Sultan J violates Art. 118 of the RPC, the Philippine
government sued Sultan J.Will the suit prosper?
 ANSWER

A: NO. Art. 118 is applicable only when the offender

performs unlawful or unauthorized acts. Sultan J was
merely asserting his right to own the territory of
Sabah when he sent its royal forces. The cession
made by Brunei in favor of the Sultanate of Sulu is a
lawful and authorized basis upon which the claim of
Sultan J may be made.
 VIOLATION OF NEUTRALITY
ART. 119, RPC

Neutrality - A condition of a nation wherein, in times of war, takes no

part in the dispute but continues peaceful dealings with the
belligerents.
Elements of Violation of Neutrality
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; and
3.That the offender Violates such regulation.
 CORRESPONDENCE WITH HOSTILE
COUNTRY
ART. 120, RPC

Correspondence
Communication by means of letters; or it may refer
to the letters which pass between those who have
friendly or business relation.
 ELEMENTS OF CORRESPONDENCE WITH
HOSTILE COUNTRY

1.There is a War in which the Philippines is involved;

2. That the offender makes Correspondence with an enemy country
or territory occupied by enemy troops; and
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.
 CIRCUMSTANCES QUALIFYING THE
OFFENSE UNDER ART. 120

Two things must concur to qualify the offense:

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, the penalty is the same as that for
treason.
 FLIGHT TO ENEMY COUNTRY
ART. 121, RPC

Elements of Flight to Enemy 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 to flee or go to enemy country; and
4. That going to an enemy country is Prohibited by competent
authority.
 PIRACY IN GENERAL AND MUTINY IN THE
HIGH SEAS OR IN PHILIPPINE WATERS – ART.
122, RPC

Piracy
It is robbery or forcible depredation on the high
seas, without lawful authority and done with animo
furandi (intent to steal) and in the spirit and
intention of universal hostility.
 MODES OF COMMITTING PIRACY

1. By attacking or seizing a vessel on the high

seas; or
2. By seizing the vessel while on the high seas or
the whole or part of its cargo, its equipment or
personal belongings of its complement or
passengers, by non-passengers or non-members
of the crew.
 ELEMENTS OF PIRACY

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

2. That the offenders are Not members of its complement or
passengers of the vessel; and
3. That the offenders either:
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.
 HIGH SEAS

Any waters on the sea coast which are without the

boundaries of the low-water mark, although such waters
may be within the jurisdictional limits of a foreign
government. The Convention on the Law of the Sea defines
“high seas” as parts of the seas 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. It does not mean that the crime is
committed beyond the threemile limit of any State.
 QUESTION

Q: If piracy was committed outside the Philippine

waters, will the Philippine courts have jurisdiction
over the offense?
 ANSWER

A: YES, for piracy falls under Title I Book 2 of the RPC.

As such, it is an exception to the rule on territoriality in
criminal law under Art. 2 of the RPC.
The same principle applies even if the offenders were
charged, not with a violation of qualified piracy under
the RPC but under a special law, P.D. 532 which
penalizes piracy in Philippine waters. (People v. Catantan,
G.R. No. 118075, 05 Sept. 1997)
PIRACY UNDER THE RPC VS. PIRACY
UNDER P.D. 532
 MUTINY

It 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.
PIRACY VS. MUTINY
 CIRCUMSTANCES QUALIFYING THE CRIMES
OF PIRACY AND MUTINY – ART. 123, RPC

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.
 NO COMPLEX CRIME OF PIRACY WITH
MURDER

There is only one crime committed – qualified

piracy. Murder, rape, homicide, physical injuries are
mere circumstances qualifying piracy and cannot be
punished as separate crimes, nor can they be
complexed with piracy.
- END -