crime against national security and law

section 1 treason and espionage

Art. 114 Treason

1.Filipino citizen of Alien resident

2.there is war and Philippines is involved.

3.Offender either

a. Levies war against the government

b. Adheres to enemies, giving aid or comfort.

Art. 115 Conspiracy and Proposal

CONSPIRACY

1. In time of war

2. Two or more persons come to an agreement

a. levy war against the government

b. adhere to the enemies and to give them aid or comfort

3. They decide to commit it.

PROPOSAL

1. In time of war

2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort

3. Proposes its execution to some other person/s.

Article 116. Misprison of Treason

1. Offender owes allegiance to the government

2. Not a foreigner

3. Has knowledge of any conspiracy (to commit treason) against the government

4. He conceals or does not disclose the same to the authorities in w/c he resides.

Article 117. Espionage

1.MODES of COMMITTING ESPIONAGE

1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines.

ELEMENTS: 1. That the offender enters a warship, fort, naval or military establishment or reservation

2. That he has no authority therefore;

3. That his 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 the preceding paragraph, which he had in his possession by reason of the public office he holds.

ELEMENTS:

1. That the offender is a public officer

2. That he has in his possession the articles, data or information referred to in the first mode of committing espionage, by reason of the public office he holds; and

3. That he discloses their contents to a representative of a foreign nation.

Section 2 Provoking war and disloyalty in case of war

Article 118 Inciting to war or giving motives for reprisals

1. Offender performs unlawful or unauthorized acts;

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;

ART. 119. VIOLATION OF NEUTRALITY

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

2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality; and

3. That the offender violates such regulation

ART. 120. CORRESPONDECE WITH HOSTILE COUNTRY

1. There’s a war in and 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

c. containing notice or information which might be useful to the enemy

ART. 121. FLIGHT TO ENEMY’S COUNTRY

1. There’s a war and Philippines is involved

2. Offender owes allegiance to the government

3. Offender attempts to flee or go to enemy country; and

4. Going to enemy country is prohibited by competent authority

Section Three – Piracy & Mutiny on The High Seas

ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS

PIRACY – MODES TO COMMIT

1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532);

ELEMENTS of PIRACY

1. A vessel is on the high seas or Philippine waters;

2. Offenders – not members of its complement nor passengers of the vessel; and

3. That the offenders

a. attack or seize vessel (if committed by crew or passengers, the crime is not piracy but robbery in the high seas)

b. seize whole or part of vessel’s cargo, equipment or personal belongings of its complement or passengers.

ART. 123. QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCES:

1. Seizure of the vessel by boarding or firing upon the same

2. Abandonment of victims without means of saving themselves

3. Piracy was accompanied by murder, homicide, physical injuries, or rape.