crime against national security and law

CRIME AGAINST NATIONAL SECURITY AND THE LAW OF NATIONSsection 1 treason and espionageArt. 114 Treason1.Filipino citizen of Alien resident2.there is war and Philippines is involved.3.Offender eithera. Levies war against thegovernmentb. Adheres to enemies, giving aid orcomfort.Art. 115 Conspiracy and ProposalCONSPIRACY1. In time of war2. Two or more persons come to an agreementa. levy war against the governmentb. adhere to the enemies and to givethem aid or comfort3. They decide to commit it.PROPOSAL1. In time of war2. A person who has decided to levy waragainst the government, or to adhere to theenemies and to give them aid or comfort3. Proposes its execution to some otherperson/s.Article 116. Misprison of Treason1. Offender owes allegiance to the government2. Not a foreigner3. Has knowledge of any conspiracy (tocommit treason) against the government4. He conceals or does not disclose the sameto the authorities in w/c he resides.Article 117. Espionage1.MODES of COMMITTING ESPIONAGE1. By entering, without authority, a warship,fort, or military or naval establishment orreservation to obtain any information, plan orother data of confidential nature relative tothe defense of the Philippines.ELEMENTS:1. That the offender enters a warship,fort, naval or militaryestablishment or reservation2. That he has no authority therefore;3. That his purpose is to obtaininformation, plans, photographs orother data of a confidential naturerelative to the defense of thePhilippines.2. By disclosing to the representative of aforeign nation the contents of the articles,data or information referred to in thepreceding paragraph, which he had in hispossession by reason of the public office heholds.ELEMENTS:1. That the offender is a public officer2. That he has in his possession thearticles, data or information referredto in the first mode of committingespionage, by reason of the publicoffice he holds; and3. That he discloses their contents toa representative of a foreignnation.Section 2 Provoking war and disloyalty in case of warArticle 118 Inciting to war or giving motives for reprisals1. Offender performs unlawful orunauthorized acts;2. Such acts provoke or give occasion for awar involving or liable to involve thePhilippines or expose Filipino citizens toreprisals on their persons or property;ART. 119. VIOLATION OF NEUTRALITY1. That there is war in which the Philippines isnot involved2. That there is a regulation issued bycompetent authority for the purpose ofenforcing neutrality; and3. That the offender violates such regulationART. 120. CORRESPONDECE WITH HOSTILECOUNTRY1. There’s a war in and Philippines isinvolved;2. That the offender makes correspondencewith an enemy country or territoryoccupied by enemy troops3. That the correspondence is either –a. prohibited by the government, orb. carried on in ciphers orconventional signsc. containing notice or informationwhich might be useful to theenemyART. 121. FLIGHT TO ENEMY’S COUNTRY1. There’s a war and Philippines is involved2. Offender owes allegiance to thegovernment3. Offender attempts to flee or go to enemycountry; and4. Going to enemy country is prohibited bycompetent authoritySection Three – Piracy & Mutiny on The HighSeasART. 122. PIRACY IN GENERAL AND MUTINYON THE HIGH SEASPIRACY – MODES TO COMMIT1. By attacking or seizing a vessel on the highseas or in the Philippine waters (PD 532);1. By attacking or seizing a vessel on the highseas or in the Philippine waters (PD 532);ELEMENTS of PIRACY1. A vessel is on the high seas or Philippinewaters;2. Offenders – not members of its complementnor passengers of the vessel; and3. That the offendersa. attack or seize vessel (if committed bycrew or passengers, the crime is notpiracy but robbery in the high seas)b. seize whole or part of vessel’s cargo,equipment or personal belongingsof its complement or passengers.ART. 123. QUALIFIED PIRACYQUALIFYING CIRCUMSTANCES:1. Seizure of the vessel by boarding or firingupon the same2. Abandonment of victims without means ofsaving themselves3. Piracy was accompanied by murder,homicide, physical injuries, or rape.
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