Crimes

against National Security

-those which can be tried only in the Philippines. The acts against national security may be committed abroad and still be punishable under our law, but it cannot be tried under foreign law.

These are: Treason; Conspiracy and proposal to commit treason; Misprision of treason; and Espionage.

 Crimes

against the Law of Nations

-those which can be prosecuted anywhere in the world because these crimes are considered crimes against humanity. These are: Inciting to war or giving motives for reprisals; Violation of neutrality; Correspondence with hostile country; Flight to enemy's country; Piracy in general and mutiny on the high seas; and Qualified piracy and mutiny.

I. Treason
- It 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 one owes to the government under which he lives, in return for the protection he receives.

Elements:
1.Offender is a Filipino citizen or an alien residing in the Philippines.

if Filipino citizen, the crime may be committed within or outside the Philippines. if alien, the crime must be committed within the Philippines.

2.There is a war in which the Philippines is involved. treason is a war crime. It is punished by the state as measure of self-defense and selfpreservation. It remains dormant until the emergency arises. But as soon as war arises, it is relentlessly put into effect.

formal declaration of the existence of a state of war is not necessary.

3. Offender either a. Levies war against the government: that there be actual assembling of man; for the purpose of executing a treasonable design by force; in collaboration with a foreign enemy.

the levying of war must be with intent to overthrow the government.

b. Adheres to the enemies by giving them aid or comfort.

Adherence

to the enemy means intent to betray. It is present when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interest. Adherence alone, without giving aid or comfort to the enemy, is not sufficient to constitute treason. Conversely, aid or comfort alone, without adherence, is not treason. The two must concur together.

 Aid

or comfort means any act which strengthens or tends to strengthen the enemy of the government in the conduct of war against the government or an act which weakens or tends to weaken the power of the government to resist or to attack the enemies of the government. It must be a deed or physical activity and it must be intentional. A mere expression of opinion does not constitute an act of treason.

The extent of aid and comfort to the enemies must be to render assistance to them as enemies and not merely as individuals and in furtherance of the enemies hostile designs.

Ways of Proving Treason:

1. Twowitness rule The testimony of two witnesses is required to prove the same overt act of giving aid or comfort. The testimonies must refer to the same act, place and moment of time. If the overt act is separable, two witnesses must also testify to each part of the overt act. It is sufficient that the witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified.

2. Confession of the accused in open court.

The confession means pleading guilty in open court that is 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.

II. Conspiracy and Proposal to Commit Treason

A. Conspiracy to Commit Treason
-is committed when in time 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 .

B. Proposal to Commit Treason

-is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and give them aid and comfort, proposes its execution to some other person or persons.

These are exceptions to the general rule provided in Article 8. The reason is that in treason the very existence of the state is endangered.

III. Misprision of Treason

Elements:
1. 2. 3. 4.

The offender must be owing allegiance to the government of the Philippines; The offender is a Filipino; He has knowledge of a conspiracy to commit treason against the said government; and He conceals or fails to disclose the same to the authorities in which he resides.

It 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.
The offender is principal in the crime of misprision of treason although his penalty is that of an accessory to the crime of treason.

IV. Espionage
-is the offense of gathering, transmitting, or losing information respecting the national defense with intent, or there is reason to believe that information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation.

It may be committed in times of peace and in war.

 Two

Modes of Committing Espionage under

RPC: 1. By entering, without authority, a warship, fort or military or naval establishments or reservation to obtain any information, plans or other data of confidential nature relative to the defense of the Philippines. Elements: a. That the offender (a Filipino or a resident agent) enters any of the places mentioned therein ; b. That he has no authority therefore ; c. That his purpose is to obtain information, plans, photographs or other data relative to the defense of the Philippines.

The offender is any person, whether a citizen or a foreigner, a private individual or a public officer.
The offender must have the intention to obtain information relative to the defense of the Philippines. It is not necessary that information is obtained. It is sufficient that he has purpose to obtain any of them when he entered in the places mentioned.

2. By disclosing to the representative of a foreign nation the contents of the articles data or information referred to in par. No. 1 of 117 which he had in his possession by reason of the public office he holds.
Elements: a. That the offender is a public officer; b. That he has in possession the articles, data or information referred in paragraph 1 of Art. 117, by reason of the public office he holds; c. That he discloses their contents to a representative of a foreign nation .

Other Acts of Espionage under C.A. 616

Unlawful

obtaining of information relative to the defense of the Philippines or to the advantage of any foreign nation; Unlawful disclosing of information relative to the defense of the Philippines; Disloyal acts in time of peace; Disloyal acts in time of war; Conspiracy to violate any of the said acts; Harboring or concealing violators of the law; Photographing from aircraft of vital military information.

V. Inciting to War or Giving Motives for Reprisal

Elements: a. Offender performs unlawful or unauthorized acts b. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose the Filipino citizens to reprisals on their persons and property

 Reprisal-It

is any kind of forcible or coercive measure whereby one State seeks to exercise a deterrent effect or to obtain redress or satisfaction, directly or indirectly, for consequences of the illegal acts of another State which has refused to make amends for such illegal conduct.

Reprisal is resorted to for the purpose of settling a dispute or redressing a grievance without going to war. Reprisals are not limited to military action. It could be economic reprisals or denial of entry into their country .

VI. Violation of Neutrality

Elements:
a. b. c.

There is a war in which the Philippines is not involved ; A regulation is issued by a competent authority to enforce neutrality ; Offender violates such regulation.

Neutrality -is a condition of a nation that, in times of war, takes no part in the dispute but continues peaceful dealings with the belligerents.
It is a status created under international law, by means of a stand on the part of a State not to side with any of the parties at war . The regulation must be issued by competent authority like the President of the Philippines or the Chief of Staff of the Armed Forces of the Philippines, during a war between different countries in which the Philippines is not taking sides.

VII. Correspondence with Hostile Country

Elements: 1. There is war in which the Philippines is involved; 2. Offender makes correspondence with the enemy country or territory occupied by enemy troops; 3. Correspondence is either a. Prohibited by the Government b. Carried on in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy or intended by the offender to aid the enemy

Correspondence-it is communication by means of letters or it may refer to the letters which pass between those who have friendly or business relations .

It contemplates correspondence to officials of the enemy country, not correspondence with private individuals in the enemy country. Even if the correspondence contains innocent matters, if the correspondence is prohibited by the government, it is punishable because of the possibility that the information useful to the enemy might be revealed unwittingly.

VIII. Flight to Enemys Country

Elements:
a. b. c.

d.

Existence of war in which the Philippines is involved ; Offender owes allegiance to the Philippines; Offender attempts to flee or go to the enemy country ; Going to enemy country is prohibited by competent authority.

The offender may be Filipino citizens or resident aliens because Art. 121 contemplates both permanent and temporary allegiance. An alien resident may be held guilty for this crime because he owes allegiance to the Philippines.
Mere attempt to flee to enemy country when prohibited by competent consummates the felony. There must be prohibition by competent authority. If there is none, even if one went to an enemy country, there is no crime.

IX. Piracy in General and Mutiny in the High Seas

A. Piracy it is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.

Acts punished as piracy: 1. Attacking or seizing a vessel on the high seas or in Philippine waters; 2. 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.

Elements:
1.

The vessel is on the high seas or Philippine waters;

2. Offenders are neither members of its complement nor passengers of the vessel; 3. Offenders either a. attack or seize a vessel on the high seas or in Philippine waters; or b. seize 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; 4. There is intent to gain.

 B. Mutiny the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.

Elements:
1. The vessel is on the high seas or Philippine waters;

2. Offenders are either members of its complement, or passengers of the vessel;

3.Offenders either a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers.

Distinction between mutiny and piracy 1.As to offenders Mutiny is committed by members of the complement or the passengers of the vessel; Piracy is committed by persons who are not members of the complement or the passengers of the vessel.

2.As to criminal intent

In mutiny, there is no criminal intent; In piracy, the criminal intent is for gain. 3. As to origin of attack In mutiny, the attack comes from the inside; In piracy, the attack comes from the outside.

X. Qualified Piracy
Elements: 1. The vessel is on the high seas or Philippine waters: 2.Offende must be members of its passengers of the vessel; complement, or

3. Offenders either
a. attack or seize the vessel; or b.seize the whole or part of the cargo, its equipment., or personal belongings of the crew or passengers;

4. The preceding were committed under any of the following circumstances:

a. whenever they have seized a vessel by boarding or firing upon the same; b. whenever the pirates have abandoned their victims without means of saving themselves; or

c. whenever the crime is accompanied by murder, homicide, physical injuries or rape.

 Qualified

Mutiny

Elements: 1. The vessel is on the high seas or Philippine waters; 2. Offenders are either members of complement, or passengers of the vessel; its

3. Offenders either
a. attack or seize the vessel; or b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or passengers.

4. The preceding were committed under any of the following circumstances: a. When the offenders abandoned the victims without means of saving themselves; or b. When the mutiny is accompanied by rape, murder, homicide, or physical injuries.

Originally, the crimes of piracy and mutiny can only be committed in the high seas, that is, outside Philippine territorial waters. But in August 1974, Presidential Decree No. 532 (The Anti-Piracy and AntiHighway Robbery Law of 1974) was issued, punishing piracy, but not mutiny, in Philippine territorial waters. Thus came about two kinds of piracy: (1) that which is punished under the Revised Penal Code if committed in the high seas; and (2) that which is punished under Presidential Decree No. 532 if committed in Philippine territorial waters.
.

Amending Article 122, Republic Act No. 7659 included therein piracy in Philippine waters, thus, pro tanto superseding Presidential Decree No. 532. As amended, the article now punishes piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters, and the penalty has been increased to reclusion perpetua from reclusion temporal. But while under Presidential Decree No. 532, piracy in Philippine waters could be committed by any person, including a passenger or member of the complement of a vessel, under the amended article, piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel irrespective of venue. So if a passenger or complement of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy.

Section 4 of Presidential Decree No. 532, the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. Said section penalizes any person who knowingly and in any manner aids or protects pirates, such as giving them information about the movement of the police or other peace officers of the government, or acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; or who directly or indirectly abets the commission of piracy. Also, it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code.

This provision of Presidential Decree No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. Neither may it be considered repealed by Republic Act No. 7659 since there is nothing in the amendatory law is inconsistent with said section. Apparently, there is still the crime of abetting piracy in Philippine waters under Presidential Decree No. 532. Considering that the essence of piracy is one of robbery, any taking in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy. It cannot coexist with the crime of robbery. Robbery, therefore, cannot be committed on board a vessel. But if the taking is without violence or intimidation on persons of force upon things, the crime of piracy cannot be committed, but only theft.

Anti Hi-Jacking Law

Anti hi-jacking is another kind of piracy which is committed in an aircraft Four situations governed by anti hi-jacking law: (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;

(2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory; (3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and (4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.

Between numbers 1 and 2, the point of distinction is whether the aircraft is of Philippine registry or foreign registry. The important thing is that before the anti hi-jacking law can apply, the aircraft must be in flight. If not in flight, whatever crimes committed shall be governed by the Revised Penal Code. The law makes a distinction between aircraft of a foreign registry and of Philippine registry. If the aircraft subject of the hi-jack is of Philippine registry, it should be in flight at the time of the hi-jacking. Otherwise, the anti hi-jacking law will not apply and the crime is still punished under the Revised Penal Code.

On the other hand, if the aircraft is of foreign registry, the law does not require that it be in flight before the anti hi-jacking law can apply. This is because aircrafts of foreign registry are considered in transit while they are in foreign countries. Although they may have been in a foreign country, technically they are still in flight, because they have to move out of that foreign country. So even if any of the acts mentioned were committed while the exterior doors of the foreign aircraft were still open, the anti hi-jacking law will already govern.