Criminal Law Book 2
Easter College
TITLE I. 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); and
• 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. Corresponding with hostile country
(Art. 120);
4. Flight to enemy's country (Art. 121); and
5. Piracy in general and mutiny on the
high seas (Art. 122).
Article 114 Treason
• Elements
1. Offender is a Filipino or resident alien;
2. There is a war in which the Philippines is
involved;
3. Offender either –
• a. levies war against the government; or
• b. adheres to the enemies, giving them aid or
comfort within the Philippines or elsewhere
Requirements of levying war
• 1. Actual assembling of men;
• 2. To execute a treasonable design by force;
• 3. Intent is to deliver the country in whole or
in part to the enemy; and
• 4. Collaboration with foreign enemy or
some foreign sovereign
Two ways of proving treason
• 1. Testimony of at least two witnesses to the
same overt act; or
• 2. Confession of accused in open court.
Article 115. Conspiracy and Proposal
to Commit Treason
Elements of conspiracy to commit treason
• 1. There is a war in which the Philippines is
involved;
• 2. At least two persons come to an agreement to
–
• a. levy war against the government; or
• b. adhere to the enemies, giving them aid or
comfort;
• 3. They decide to commit it.
Elements Of Proposal To Commit
Treason
1. There is a war in which the Philippines is
involved;
2. At least one person decides to –
• a. levy war against the government; or
• b. adhere to the enemies, giving them aid or
comfort;
• 3. He proposes its execution to some other
persons.
Article 116. Misprision of Treason
Elements
• 1. Offender owes allegiance to the government,
and not a foreigner;
• 2. He has knowledge of conspiracy to commit
treason against the government;
• 3. He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which he
resides, or the mayor or fiscal of the city in
which he resides.
Article 117. Espionage
Acts punished
• 1. By entering, without authority therefore, a
warship, fort or naval or military
establishment or reservation to obtain any
information, plans, photograph or other data
of a confidential nature relative to the
defense of the Philippines;
Elements #1
1. Offender enters any of the places
mentioned;
2. He has no authority therefore;
3. His purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the
Philippines.
Acts Punished…
• 2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in paragraph
1 of Article 117, which he had in his
possession by reason of the public office he
holds.
Elements #2
1. Offender is a public officer;
2. He has in his possession the articles, data or
information referred to in paragraph 1 of
Article 117, by reason of the public office he
holds;
3. He discloses their contents to a
representative of a foreign nation.