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Flashcards in MD Term Deck (213)
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1

1. Treason (114)
2. Conspiracy and proposal to commit treason (115)
3. Misprision of treason (116)
4. Espionage (117)

Crimes against national security.

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1. Inciting to war or giving motives for reprisals (118)
2. Violation of neutrality (119)
3. Correspondence with hostile country (120)
4. Flight to enemy’s country (121)
5. Piracy in general and mutiny on the high seas or in Philippine waters (122)

Crimes against the law of nations.

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Elements:
1. Offender – Filipino citizen or alien residing in the Philippines
2. There is a war – Philippine is involved (not civil war)
3. Offender – (a) levies war against the government (declare war) or (b) adheres to the enemies giving them aid or comfort.

114. TREASON

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breach of allegiance to the government committed by a person who owes allegiance to it.

Treason –

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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.

Allegiance –

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** Treason cannot be committed in time of (blank) – while there is peace, there are no traitors. Treason is a war crime, it is punished by the state as a measure of self-defense and self-preservation.

peace

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Actual assembling of men for the purpose of executing a treasonable design by force. It is not necessary that there be a formal declaration of the existence of a state of war. The war must be directed against the government: organized to overthrow and destroy the established government. Mere public uprising to inflict an act of hate or revenge upon the persons of public officers does not constitute treason because it is not directed against the government. The levying of war must be in collaboration with a FOREIGN COUNTRY.

“Levies war” –

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** Adherence and giving aid or comfort to the enemy must

CONCUR TOGETHER
Concur - two events that happen at the same time can be said to concur.

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** The aid and comfort must be given to the enemy by some kind of action – it must be a deed or physical activity, not merely a (blank). It must be to render assistance to them as enemies and in furtherance of the enemies’ hostile designs.

mental operation

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** (Blank) were inherent in the crime of treason characterized by the giving of aid and comfort to the enemy. These crimes cannot be (Blank) with treason.

Murder and physical injuries
complexed

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** Treason by Filipino citizen can be committed (blank) Philippines, but treason by an alien must be committed (Blank) Philippines.

outside of the
IN THE PHILIPPINES.

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** Treason is a (blank) – may be committees by one single act, series of acts, several series thereof, and different times.

continuous offense

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Ways of proving treason:
1. Testimony of (blank) to the same overt act, or
2. (blank) of the accused in open court

two witnesses
Confession

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Two-witness rule: The testimony of two witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. Each of the witnesses must testify to the whole (blank), or if separable, there must be two witnesses to each part of the (blank).

overt act
overt act

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** The defense of (blank), lawful obedience to a de facto government is a good defense in treason.

duress - Threats and harsh treatment meant to make you do something you don’t want to do
de facto - reality
de jure - officially

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Threats and harsh treatment meant to make you do something you don’t want to do

duress -

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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.

115. CONSPIRACY TO COMMIT TREASON

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Committed when in time 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.

115. PROPOSAL TO COMMIT TREASON

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** Reason: in treason, the very existence of the state is ENDANGERED.

** The two-witness rule does not apply to (blank).

115. Conspiracy or proposal to commit treason.

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Elements:
1. Offender – owing allegiance to the government and NOT a foreigner
2. Offender – has knowledge of any conspiracy to commit treason against the government
3. Offender – conceals or does not disclose and make known the same as soon as possible to the (a) governor or fiscal of the province or (b) to the mayor or fiscal of the city WHICH HE RESIDES.

116. MISPRISION OF TREASON
(keeping it to himself, silence)

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** Cannot be committed by a resident alien

MISPRISION OF TREASON

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** When treason is already committed by someone and the accused does not report its commission to the proper authority – knowledge of CONSPIRACY

MISPRISION OF TREASON Does not apply

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Misprision of Treason
** His penalty is like the penalty for an accessory, still he is in the state of being the (blank).

principal

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Two ways of committing Espionage

A. “Entering” & B. “Disclosing”

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Elements:
1. Offender – enters a Warship, Fort, Naval or Military establishment or reservation
2. He has no authority to do so
3. Purpose – to obtain Information, Plans, Photographs or other data of a confidential nature relative to the defense of the Philippines

117. ESPIONAGE (spy)
A. “Entering”

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1. Offender – public officer
2. He has in his possession the said articles, data or information by reason of the public office he holds
3. He discloses their contents to a representative of a foreign nation.

117. ESPIONAGE (spy)
B. “Disclosing”

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Elements:
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 reprisal on their persons or property.

118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL
Inciting - To cause to occur
Reprisal - is an act of retaliation (revenge)

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To cause to occur

Inciting -

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is an act of retaliation (revenge)

Reprisal

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** The intention of the offender is (blank) – the law considers the effects produced by the act of the accused. Such acts might disturb the friendly relation that we have with a foreign country, and that are penalized even if they constitute a mere imprudence.

immaterial - unimportant

imprudence means lack of care or thoughtfulness.