Module 1 Flashcards

1
Q

What are the crimes against National Security?

  1. T
  2. C
  3. M
  4. E
A
  1. Treason (114)
  2. Conspiracy and Proposal to Commit Treason (115)
  3. Misprision of Treason (116)
  4. Espionage (117
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2
Q

What are the crimes against the Law of Nations?

  1. ___ to War or Giving Motives for Reprisals (119)
  2. Violation of __ (120)
  3. Corresponding with __ Country (121)
  4. __ in General and __ on the High Seas (122)
A
  1. Inciting to War or Giving Motives for Reprisals (119)
  2. Violation of Neutrality (120)
  3. Corresponding with Hostile Country (121)
  4. Piracy in General and Mutiny on the High Seas (122)
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3
Q

Differentiate the crimes against national security vs law of nations.

Both can be prosecuted even if the criminal act or acts were committed outside the Philippines’ territorial jurisdiction. However, prosecution can only proceed for crimes against national security can only proceed if the offender is __ Philippine territory or brought to the Philippines pursuant to an ___ But, in the case of crimes against the law of nations, the offender can be prosecuted wherever he may be found because these crimes are regarded as committed against __ in general.

A

Both can be prosecuted even if the criminal act or acts were committed outside the Philippines’ territorial jurisdiction. However, prosecution can only proceed for crimes against national security can only proceed if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. But, in the case of crimes against the law of nations, the offender can be prosecuted wherever he may be found because these crimes are regarded as committed against humanity in general.

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4
Q

Which crimes under Title I can be committed under times of peace?

  1. E (114)
  2. __ to War or Giving Motives for Reprisals (118)
  3. Violation of ___ (119)
A
  1. Espionage (114)
  2. Inciting to War or Giving Motives for Reprisals (118)
  3. Violation of Neutrality (119)
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5
Q

The requisites for treason are:
1. Offender is a _____ or a ______.
2. There is ____ , the Philippines is involved.
3. Offender either:
a. _______
b. _______

A

Filipino, resident alien
war
levies war against the government
adheres to enemies, giving them aid or comfort

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6
Q

Requirements for levying war:
1. ______________
2. ______________ a treasonable design by force.
3._______ is to deliver the country in whole or in part to the enemy.
4. ______ with foreign enemy or some foreign sovereign,

A
  1. Actual assembling of men
  2. To execute
  3. Intent
  4. Collaboration
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7
Q

Two ways of proving treason

A
  1. Testimony of at least two witnesses
  2. Confession of accused in open court
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8
Q

Can treason be complexed with another crime?

A

No. If charged, it becomes identified with treason and cannot be the subject ot a separate punishment. (PP v. Prieto)

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9
Q

What are the requisites of conspiracy to commit treason?

  1. There is ____; the Philippines is involved.
  2. At least ____ persons come to an agreement to:
    a. ________
    b. _______
  3. They _________.
A
  1. war
  2. two; levy war against the government; adhere to the enemies, giving them aid or comfort
  3. decide to commit it.
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10
Q

What are the requisites of proposal to commit treason?

  1. There is _____; the Philippines is involved.
  2. .At least ___ persons decides to:
    a. _______
    b. _______
  3. He _______ its execution to some other persons
A
  1. war
  2. one; levy war against the government; adhere to the enemies, giving them aid or comfort
  3. proposes
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11
Q

What are the elements of misprision of treason?

  1. The offender a. __________ to the government. b. _________
  2. __________ of ________. to commit treason against the government
  3. He ______ the same from the authorities.
A
  1. owes allegiance; not a foreigner
  2. knowledge of conspiracy
  3. conceals
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12
Q

Espionage is the offense of _____, _____, or _____ information respecting the __________ with the intent or reason to believe that the information is to be used to the ______ of the Philippines.

A
  1. gathering
  2. transmitting
  3. losing
  4. national defense
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13
Q

First act punishable in espionage:
1. Offender ______, a ____ , ____ , or _____ or _____ or reservation.
2. He has ________.
3. His purpose is to ______ or other data of a ______ relative to the ______ of the Philippines.

A
  1. enters any of the following establishments, a warship, fort, naval, or military establishment
  2. no authority therefor
  3. obtain information, plans, photographs, defense
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14
Q

Second act punishable in espionage:
1. Offender is a _____.
2. He has in his _____, the articles, ____ or ____ referred to in par. 1, by _____.
3. He _____ their ____ to a _____.

A
  1. public officer
  2. possession, data, or information, reason of the public office he holds.
  3. discloses, contents, representative of a foreign nation
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15
Q

What are the acts of espionage under Commonwealth Act. 616

1._______ or _____ to be _____ information affecting national defense.
2. _______ of information affecting national defense.
3. _____ or ____ in times of peace.
4. _____ or ____ in times of war.
5. _____ to violate ________.
6. _____ or ______ violators of the law.

A
  1. Unlawfully obtaining or permitting to be obtained.
  2. Unlawful disclosing
  3. Disloyal acts or words
  4. Disloyal acts or words
  5. Conspiracy to violate preceding sections.
  6. Harboring or concealing
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16
Q

What are the elements of inciting to war or giving motives for reprisals

  1. Offender performs _____ or ____
  2. The acts ___ or ____ to:
    a. a war ____ or ____ the Philippines
    b. _____ of Filipino citizens to ____ on their ____
A
  1. unlawful or unauthorized
  2. provoke or give occasion
    a. involving or liable to involve
    b. exposure; reprisals; persons or property
17
Q

What are the elements of violation of neutrality?

  1. There is ____. The Philippines is _____.
  2. A _____ is ____ _____ neutrality.
  3. Offender ____ the ____.
A
  1. war. not involved.
  2. regulation; issued enforcing
  3. violates; regulation
18
Q

What are the elements of correspondence with hostile country?

  1. There is ____. Philippines is _____.
  2. Offender makes _____ with _____ or ____ by _____.
  3. The ____ is either
    a. _____ by the government.
    b. _____ in _____ or ______
    c. ____ ____ or _____ which might be _____ to the enemy.
A
  1. war; involved.
  2. correspondence; an enemy country; territory occupied; enemy troops
  3. correspondence;
    a. prohibited
    b. carried on; ciphers; conventional signs
    c. containing notice; information; useful
19
Q

What are the elements of flight to enemy country?

  1. There is ____. Philippines is ____.
  2. Offender must be ___ to the government.
  3. Offender ____ to ____ or ____ .
  4. _____ to the ____ is _____ by ____.
A
  1. war; involved
  2. owing allegiance
  3. attempts; flee; go to the enemy country.
  4. Going; enemy country; prohibited; competent authority.
20
Q

What are the acts punished in piracy?

  1. ____ or ____ a. ____ on the ____ or in ____.
  2. ____ in the ___ while on the ____ or in ____ the _____ of its ___ or _____ of its ____.
A
  1. Attacking; seizing; vessel; high seas; Philippine waters.
  2. Seizing; vessel; high seas; Philippine waters; whole or part; cargo; equipment; personal belongings; complement or passengers.
21
Q

Differentiate Piracy under the RPC Art. 122 and PD 532

  1. The ___ where ____.
  2. Who ____ the ____ or the _____.
  3. ___ it comes to _____.
A
  1. vessel; located
  2. perpetrated; crime; offenders
  3. When; penalties
22
Q

Elements of Qualified Piracy

  1. The vessel is on the ____ or in ____.
  2. Offenders ___ or ____ be ____-.
  3. Offender either:
    a. ___ or ___ a vessel
    b. ___ the whole or part of ____, ____, or ___ of the
  4. The preceding were committed under any of the ff:
    a. whenever they have ___ a ____ by ___ or ___ upon the same
    b. whenever the ____ have _____ their ___ without
    c whenever the ___ is accompanied by ____
A
  1. high seas; Philippine waters
  2. may or may not; members of its complement or passengers
  3. a. attack or seize
    b. seize; cargo, equipment, personal belongings of its crew or passengers
  4. a. seized a vessel by boarding or firing
    b. the pirates; abandoned their victims without means of saving themselves
    c. crime; murder; homicide, physical injuries, rape
23
Q

What are the elements of mutiny?

  1. The vessel is on the ____ or _____.
  2. Offenders are either ____ of its ___ or ___ of the ___.
  3. Offenders either:
    a. ___ or ___ a vessel.
    b. ___ the ___ or ___ of its ____, ____, or ____ of the crew or passengers
A
  1. high seas; philippine waters
  2. members; complement; passengers; vessel.
  3. a; attack; seize
    b. seize; whole; part; cargo; equipment; personal belongings
24
Q

Distinguish piracy from mutiny

  1. With regard to perpetrators
  2. With regard to purpose
A
  1. In piracy, offenders are generally strangers to the vessels. Mutiny, offenders are members of the complement or passengers.
  2. In piracy, the act is done with animo furandi or intent to gain in the spirit of universal hostility. In mutiny, purpose is against the authority of the ship, offenders only intend to ignore the authority of the ship’s officer