Title 1 - (114-123) National Security and The Law of Nations Flashcards

Question

What are the defenses allowable and unallowable defenses for committing treason?

Answer 1

[a] 1. duress and fear of immediate death 2. obedience to de facto government (acceptance and discharge of official duties **under the enemy** do not constitute treason [EXC-2a] - when accepted position and discharge is **policy-determining**, it constitutes treason [un] - suspended allegiance - change in sovereignty - loss of citizenship [GPT] Not Allowed Defenses: Suspended Allegiance: The defense of suspended allegiance is not allowed. This means that even in times of war, an individual cannot claim that their allegiance to their country is temporarily suspended. Sovereignty is not suspended during war; only its exercise may be restricted or altered. Change in Sovereignty: A change in sovereignty, meaning the shift from one government to another, is not an acceptable defense to treason. Individuals are expected to remain loyal to their own government, even during periods of conflict or war. Loss of Citizenship: Loss of citizenship is also not a valid defense to treason. Regardless of changes in citizenship status, individuals are typically held accountable for actions taken against their country during times of war.

Answer 2

It does not constitute a crime of treason Solely because it was not in the intention of Maria to betray her country. [notes] Treason requires intentional acts; negligence or inadvertent actions that unintentionally aid or comfort the enemy do not qualify as treason. The accused must have a deliberate and conscious intention to betray their own country. There is no treason thru negligence. The overt act of giving aid or comfort to the enemy must be intentional

Answer 3

- abuse of superior strength - treachery - evident premeditation

Answer 4

- ignominy - cruelty - amount or degree of aid - gravity of separate distinct acts of treason

Answer 5

does NOT apply because this is a separate and distinct offense

Answer 6

Conspiracy and Proposal to Commit Treason

Answer 7

Misprision of treason

Answer 8

the mere conspiracy to commit treason and (not above 2 million, PM) the mere proposal to commit treason (not above 1 million, PC)

Answer 9

[gpt] ICC - international criminal court RTC - RA 9851

Answer 10

1. offender is a citizen of Phil 2. has knowledge of any conspiracy against the gov't 3. the conspiracy is one to commit treason 4. he conceals / does not disclose and make known the same as soon as possible to the proper authority [gpt] 3 - The phrase "the conspiracy is one to commit treason" means that the primary objective or purpose of the conspiracy is to commit treason. In this context, "one" does not refer to the individuals involved in the conspiracy; rather, it emphasizes the nature or goal of the conspiracy itself.

Answer 11

offense of gathering, transmitting, or losing information regarding **national defense** **WITH THE INTENT** to believe that the information is used to injure Philippines or to advantage the foreign nation [article 117] - the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of a foreign nation.

Answer 12

[A] 1. By entering, without authority [*wnmfr*], a warship, fort, or military or naval establishment or reservation 2. to obtain any [*ipd*] information, plan or other data of **confidential nature** 3. relative to the **defense** of the Philippines *note* - not necessarily liable when actually obtained but sufficient is intention relative to national defense [B] 1. By DISCLOSING to the **representative of a foreign nation** 2. the contents of the articles, data or information referred to in the preceding paragraph, 3. which he had in his possession **by reason of the public office he holds**

Answer 13

paragraph 1 = anyone who commits paragraph 2 = public officers

Answer 14

1. Unlawfully obtaining or permitting to be obtained information affecting national defense 2. Unlawfully disclosing information affecting national defense 3. Disloyal acts or words in time of peace 4. Disloyal acts or words in time of war 5. Conspiracy to commit the preceding acts 6. 6. Harboring or concealing violators of the Act 7-10 is much longer

Answer 15

inciting to war **or** giving motives for reprisals reprisal - (revenge)

Answer 16

1. offender performs unlawful *OR* unauthorized acts 2. such acts provoke or give occasion for: a. a war involving or liable to involve the Philippines or b. Expose Filipino citizens to reprisals on their persons and property.

Answer 17

intention is immaterial

Answer 18

This is committed in time of peace - penalty is higher when the offender is a public officer or employee

Answer 19

- self-help act by the injured state in response to an unsatisfied demand to an act contrary to international law by the offending party [note] an act of self-help on part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state (Naulilaa Incident Arbitration Portuguese-German Arbitral Tribunal, 1928) [gpt] Initial Act: Country A violates international law by conducting unauthorized military operations in the territorial waters of Country B. Unsatisfied Demand: Country B formally demands that Country A cease its military operations immediately and offers a diplomatic solution. However, Country A does not comply with the demand and continues its actions. Reprisal (Act of Self-Help): In response to the unsatisfied demand and ongoing violations, Country B may take proportional and lawful countermeasures. For example, it might detain vessels belonging to Country A in its own territorial waters, imposing sanctions or restrictions in response to the initial breach by Country A. In this example, the reprisal is a measured and targeted response by Country B to address the violation committed by Country A. The purpose of reprisals is generally to prompt the offending state to rectify its actions and comply with international law

Answer 20

119 - violation of neutrality the condition of a nation that in time of war takes no part in the dispute but continues peaceful dealings with the belligerents (hostile ones) - There must be a regulation issued by competent authority (President or the Chief of Staff of the AFP) for the enforcement of neutrality.

Answer 21

1. That there is a war in which the Philippines is NOT involved; 2. That there is a **regulation** issued by a competent authority for the *purpose of enforcing neutrality*; 3. That the offender violates such regulation.

Answer 22

article 120 correspondence with hostile country

Answer 23

1. That it is made in time of war in which the Philippines is involved; 2. That the offender makes correspondence with the: a. Enemy country or b. Territory occupied by the enemy troops; 3. That the correspondence is either: a. Prohibited by the Government; OR b. Carried on in ciphers OR conventional signs; OR c. If notice or information be given thereby which might be useful to the enemy.

Answer 24

communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.  Even if the correspondence contains innocent matters, IF the correspondence has been prohibited by the government, THEN it is punishable because of the possibility that some information useful to the enemy might be revealed unwittingly.  Prohibition by the Government is NOT essential when the correspondence is carried on in ciphers or useful to the enemy

Answer 25

An alien resident may be guilty of flight to enemy country, because an alien owes allegiance to the Philippine government albeit temporary.

Answer 26

Mere attempt to flee or go to enemy country consummates the crime.

Answer 27

piracy in general and mutiny on high seas or in philippine waters (elements) 1. That a vessel is on the high seas or on Philippine waters; 2. That the offenders are NOT members of its complement (accompaniment) or passengers of the vessel; 3. That the offenders: a. Attack or seize the vessel; or b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.

Answer 28

– waters which are beyond the boundaries of the low-water mark, although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea).

Answer 29

– it is robbery or forcible depredation on the high seas, without lawful authority and done with *animo furandi* (intention to steal) and in the spirit and intention of universal hostility.

Answer 30

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

Answer 31

place of commission (both): either in Philippine waters or on the high seas [P] - person who attack a vessel or seize its cargo are strangers to the vessels - Intent to gain is essential [M] - mutiny is committed by members of the crew or passengers - the offenders may only intend to ignore the ship's officer or they may be prompted by a desire to commit plunder.

Answer 32

qualified piracy

Answer 33

[gpt] Imposition of the Death Penalty: RA 7659 amended Article 122 of the Revised Penal Code, introducing the death penalty for certain heinous crimes, including piracy. The penalty of death was imposed for acts of piracy committed in Philippine waters. (death penalty is abolished)

Answer 34

"The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. The same penalty shall be inflicted in case of mutiny on the high seas"

Answer 35

No, Art. 116 does NOT apply when treason is already committed and the accused does not report its commission. punished in the level of an accessory to conspiracy

Answer 36

No, Art 116 (Misprision of Treason) is an EXC to the rule that mere silence does not make a person criminally liable she will be punished with the level of an accessory to the crime of treason

Answer 37

[RPC] - high seas OR phil waters(7659) - Offenders: Nonpassengers or nonmembers of the crew or strangers to the vessel. - Abbettors: penalized as **accessories** [532] - phil waters ONLY - Offenders: any person from within (may be a passenger, crew or a stranger). or a stranger - abbettors: penalized as **accomplices**

Answer 38

RPC - accessory PD 532 - accomplice Any person who shall knowingly aid or abet piracy will be considered as an **accomplice** in the commission of piracy and punished according to the rules under the RPC.

Answer 39

1. Knowingly aids or protects pirates; 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; 3. Directly or indirectly abets the commission of piracy.

Answer 40

1. Whenever the offenders have seized the vessel by boarding or firing upon thesame; 2. Whenever the pirates have abandoned their victims without means of saving themselves; 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.  The “crimes” mentioned in the article which are qualified are piracy and mutiny on the high seas.  Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death, regardless of the number of victims.  Offenders are not liable for the separate crimes of murder, homicide, physical injuries, or rape.

Answer 41

When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny.

Answer 42

from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation.

Answer 43

1. Usurping or seizing control of an **aircraft of Philippine registry** WHILE IT IS IN FLIGHT; *or* compelling the pilots thereof to change its course or destination; Note: When the aircraft is NOT in flight, the usurpation or seizure of the aircraft may amount to **coercion or threat**. When death results, the crime is **homicide or murder**, as the case may be. 2. Usurping or seizing control of an **aircraft of foreign registry**, WHILE WITHIN PHIL. TER, or 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 flammable, corrosive, explosive or poisonous substances; (PCEF) (*note*: It applies to substances carried or loaded on aircraft used for transporting passengers.) 4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, explosive or poisonous substance (PECF) if not done in accordance with the rules and regulations of the Air Transportation Office. *note*: (substances carried or loaded on board **cargo aircraft**, and the legality depends on compliance with rules and regulations set by the air transportation office.) [note 4] Note: There is NO attempted hijacking since it is punishable under a special law and attempted stage is not punishable under the said law.

Answer 44

 On the (3) and (4) situations the distinction exists in the identification of the kind of aircraft. In both cases, it only applies to public utility aircraft **in the Philippines.**  Under Sec. 7 of this law, physical or damage to property that would result from the carrying or loading of such materials enumerated is not only prosecuted under the antihijacking law but also for the crime of physical injury or damage to properties under the RPC.  If the explosives were planted in the aircraft to blow up the same, the circumstance will **qualify** the penalty and the resulting death is not punishable as a separate crime of murder under the anti-hijacking law.

Answer 45

a. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft; b. When the offender has exploded OR **attempted** to explode any bomb or explosive to destroy the aircraft; c. Whenever the crime is accompanied by murder, homicide, *serious* physical injuries or rape. (Thus, such common crimes are considered aggravating circumstances only; they are not separated from or complexed with the crime of hijacking)

Answer 46

LECTURE TIME

Answer 47

under 122, it cannot be committed by a complement/passenger but it is in high seas under 532, it can be committed by complement/passenger Paul but the water is NOT within Philippine water NEITHER Art 2, robbery or theft *provided* that the vessel is a registered in the Philippines. Thereby, an extended territory.

Answer 48

BOARDING simple piracy - temporary boarding qualified piracy - taking command of the ship

Answer 49

it doesn't negate the fact that it was in flight.

Answer 50

[GPT] Sovereign rights, as defined by UNCLOS, grant coastal states like the Philippines exclusive rights over the exploration and use of marine resources in their EEZ. These rights include the authority to explore and exploit living resources (such as fish) and non-living resources (such as oil and gas) but it doesn't exclude the rights and freedoms of other states for navigation, overflight, and certain activities.

Answer 51

animo furandi

Answer 52

JAN 16 - LEC

Answer 53

treason is committed in time of war (dormant crime)

Answer 54

the use of a particular means to effect a particular result

Answer 55

GIVING aid and comfort (this is the overt act to justify 'adhering to the enemy)

Answer 56

it is enough if it *tends* to stregnthen the enemy or if it *tends* to weaken our country [ex] giving weapons to them doesn't necessarily strengthen the enemy but it *tends* to strengthen the enemy in the conduct of warfare

Answer 57

No, because war has not broken out. There is no treason.

Answer 58

if simply adhere to the enemy but do not giving aid & comfort, you are not held liable.

Answer 59

no. giving aid and comfort has to be in the **conduct of warfare**.

Answer 60

treason is a continuous

Answer 61

any other crime ... x - that is committed over a period of time that is considered to hae to have one singular intent - any court in the phil archipelag can take conza , the moent, it will not be the eexluvsion of all others.

Answer 62

can be libale even if outside

Answer 63

- actual/physical assembly of men

Answer 64

JP is silent on the matter

Answer 65

purpose of executing a treasonable deign by force.

Answer 66

1. testimony of at least two witnesses - it suffice that it is coroborrative. (not necessarily identical) 2. confession by the accussed in an open court

Answer 67

treason is a heinouse crime (graveoisu) that's why it needs 2 witnesses.

Answer 68

1. competent JD (either RTC or SB) salary grade is above 27

Answer 69

it will not be given **judicial notice** simply because it was not made in an open court

Answer 70

exists when 2 or more persons come to an [AGREEMENT] concerning the commission of a *felony* and [DECIDE] to commit it Art. 8

Answer 71

- conspiracy is a crime in itself (if defined and penalized) even if it has not been executed - incurring criminal liability (executed the overt act in furtherance)

Answer 72

one has decided to commit felony and proposes to another

Answer 73

. wage war against . or adhere in giving aid and comfort & prpose to another BUT short to the agreement to the person

Answer 74

priest's absolute confidentiality with a person confessing who is committing treason

Answer 75

no, construed laws are strictly against the State. pedro did not enter. even if all elements are there, pedro is not libale

Answer 76

no, striclty construed. not held liable.

Answer 77

graduate the penalties but simply impose them

Answer 78

treason - conditioned that it must be at war against a foreign sovereing espionage - can be committed in times of peace. treason - acnchored in the citizenship (one who is residen espionage - not anchored on the citizenship/allegiance of the offender to the state ESPIONAGE- 2 ways committed (117 rpc - committed 6 ways (CWA 616)

Answer 79

can ONLY be committed when the philippine made pronouncemnt

Answer 80

there is no war on going in china and taiwan but yes there is for ikraine

Title 1 - (114-123) National Security and The Law of Nations Flashcards

(109 cards)