Title 1: Crimes Against National Security and The Law of Nations

Question 1

Are Crimes against National Security and the Law of Nations exceptions to the principle of territoriality?

Answer 1

Yes, but prosecution for these crimes can proceed only if the offender is:
a. Already within Philippine territory; or
b. Brought to the Philippines pursuant to an extradition treaty after the commission of said crimes.

Question 2

What are the exceptions to the rule that crimes against national security and law of nations can only be committed in times of war?

Answer 2

1. Espionage (Art. 117)
2. Inciting to war or giving motives for reprisals (Art. 118)
3. Violation of Neutrality (Art. 119)
4. Mutiny and Piracy (Art. 117)

Question 3

What crimes under this title can aliens be held liable?

Answer 3

1. Treason: Must be committed while in the Philippines
2. Conspiracy to commit treason
3. Espionage: First mode
4. Flight to Enemy Country

Explicitly cannot be held liable for aliens:
1. Misprision of Treason

Not Explicitly Stated:
1. INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL (ART. 118)
2. VIOLATION OF NEUTRALITY (Art. 119)
3. CORRESPONDENCE WITH HOSTILE COUNTRY

Question 4

Elements of Treason

Art 114: Treason

Answer 4

AWO-LA

1. The offender (a Filipino citizen or an alien residing in the Philippines) owes Allegiance to the Government of the Philippines.
   - Filipino Citizen: Anywhere (even outside the Philippines)
   - Alien: Only in the Philippines since there is only temporary allegiance to the Philippines while he is in the Philippines
2. There is a War in which the Philippines is involved
   - Formal declaration not needed. Actual hostilities may determine the date of commencement of war.
3. The Offender either:
   - Levies war against the government OR
   - Adheres to the enemies, giving them aid or comfort.

Question 5

Requisites of Levying War against the Government

Art 114: Treason

Answer 5

1. There is an actual assembly of men for the purpose of delivering the country to an external enemy (not merely to an internal rebellious force)
2. For the purpose of executing a treasonable design by force

Art 114

Question 6

Requisites of Adherence to the enemies of the Philippines, giving them aid or comfort

Art 114: Treason

Answer 6

These two must concur together:

1. Adherence to the Enemies (foreign enemies)
   - There is intent to betray
   - citizen intellectually or emotionally favors the enemy
2. Giving Aid or Comfort to them
   - strengthens or tends to strengthen the enemy in the conduct of war and weakens or tends to weaken the power of the state to resist or to attack the enemy
   - must be a deed or physical activity that render assistance to them as actual enemies in furtherance of their hostile design;
   - Rendeing assistance to them as individuals and not in furtherance of hostile are not considered; hence, commandeering of women to satisfy lust of the enemy is not treason because it does not strengthen the Japanese Empire (p.9)

Art 114: Treason

Question 7

Ways of Proving Adherence to the Enemy

Art 114: Treason

Answer 7

1. By one witness
2. from the nature of the act itself
3. from the circumstances surrounding the act

Question 8

Is Treason a Continuous Offense

Art 114: Treason

Answer 8

Yes, it may be committed by one single act, by a series of acts, or by several series, not only in a single time but in different times

Question 9

Ways of Proving Treason

Art 114: Treason

Answer 9

1. Testimony of Two Witnesses, at least, to the same overt act
   - If the overt act is separable, two witnesses must also testify to each part of the overt act
2. Confession of guilt by the accused in open court
   - Cannot be extended to include admissions of facts from which his guilt may be inferred, made by the defendant in giving his testimony after a plea of not guilty.

Question 10

Inherent Circumstances in Treason

Art 114: Treason

Answer 10

1. Evident Premeditation
2. Abuse of Superior Strength
3. Treachery

Question 11

Aggravating Circumstances is Treason

Art 114: Treason

Answer 11

1. Ignominy
2. Cruelty

Side Note: Article 64 (Mitigating and Aggravating Circumstanes) are not strictly applied to treason; hence the following can also be used to determine penalty
1. Amount or Degree of Aid
2. Gravity of Separate Distinct Acts of Treason

Question 12

Can Treason be complexed with other crimes?

Art 114: Treason

Answer 12

General Rule: No,when the deed is charged as an element of treason, it becomes identified with treason and cannot be subject of a separate punishment.

**Exception: ** Common crimes such as murder, physical injuries, illegal detention or robbery may be separate when they are committed for a private or personal purpose or motive and not for the purpose of “giving aid or comfort to the enemy” as an element of treason.

Question 13

Valid Defenses Against Charge for Treason

Art 114: Treason

Answer 13

1. Duress and fear of immediate death
2. Obedience to a de facto government
   - Mere acceptance of public office and discharge of official duties under the enemy do no constitute the felony of treason. But when the position is policy-determining, the acceptance of public office constitutes treason.

Question 14

Invalid Defenses Against Charge for Treason

Art 114: Treason

Answer 14

1. Suspended Allegiance and Change in Sovereignty
   - Allegiance is not severed by enemy occupation because the sovereignty is not tranferred to enemy.
2. Loss of Citizenship by joining the army of the enemy

Question 15

Treason vs. Sedition

Art 114: Treason

Answer 15

1. Treason is a crime against national security and the law of nations while Sedition is a crime against the fundamental law of the state.
2. Treason is a war crime while Sedition refers to an internal conflict.
3. Treason is committed either by levying war or adhering to the enemy, giving them aid or comfort while Sedition is committed by causing public and tumultous disturbances in one’s country.
4. The purpose of Treason is to aid the enemy. The purpose of Sedition is a lot HAHA refer to Sedition question.

Question 16

Treason vs. Rebellion

Art 114: Treason

Answer 16

Rebellion: Public Uprising and Taking up of arms is against the government with the purpose of removing allegiance to the government or depriving the chief executive or congress of any of their powers
- mere giving of aid is not criminal in rebellion. There must be an actual participation. Mere silence is also not punishable.
- in time of peace
- Can be committed in the PH only by anyone
- Proved by showing the purpose of the uprising

Treason: Levying of war, or adhering to the enemy, giving them aid or comfort is done to aid the enemy with the purose of delivering the government to the enemy.
- in time of war
- can be committed in the PH or elsewhere by a Filipino citizen
- can be committed only in the PH by a foreigner
- proved by testimony of two witnesses, at least to the same overt act; or confession of accused in open court

Question 17

What is Conspiracy to commit Treason (Art 115)?

Art 115: Conspiracy and Proposal to Commit Treason

Answer 17

When in time of war, two or more persons come to an agreement to (two ways of committing treason)

1. levy war against the Government or
2. adhere to the enemies and give them aid or comfort,

and decide to commit it.

The very existence of the state is endagered.

Two-witness rule does not apply because this is a separate and distinct offense from that of treason.

Question 18

What is Proposal to Commit Treason?

Art 115: Conspiracy and Proposal to Commit Treason

Answer 18

When in time of war, a person who has decided to (two ways of committing treason)

1. levy war against the government or
2. to adhere to the enemies and to give them aid or comfort,

proposes its execution to some other person or persons.

The very existence of the state is endagered.

Two-witness rule does not apply because this is a separate and distinct offense from that of treason.

Question 19

Elements of Misprision of Treason

Art. 116: Misprision of Treason

Answer 19

1. The offender is a Citizen of the Philippines and not a foreigner
2. He has knowledge of any 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 proper authority
   - Exception to the rule that silence is not punishable

Note: Does not apply when the crime of treason is already committed since Misprision of Treason speaks of “knowledge of any conspiracy,” not knowledge of treason actually committed.

Question 20

Will Article 20 (Accessories who are exempt from criminal liability) apply in Misprision of Treason?

Art. 116: Misprision of Treason

Answer 20

No, since the accused in Misprision of Treason is punished as a principal in Misprision of Treason (Art. 116), not an accessory.

Question 21

Elements of the 1st Way of Committing Espionage

Art 117: Espionage

Answer 21

PPNP

1.The offender is any Person, whether a citizen or foreign individual or public officer.

2. The offender enters any of the Places mentioned: (WFNMR: What Fucking Nigger May Rage)
   a. Warship
   b. Fort
   c. Naval or Military Establishment Or Reservation
3. That he has No authoriity therefore
4. That his Purpose is to obtain (IPPO) information, plans, photographs, or other data of confidential nature relative to the defense of the Philippines.
   - not necessary to actually have obtained the information; hence, it is sufficient that he has the purpose to obtain any of them when he entered a warship, fort, naval, or military establishment

Question 22

Elements of the 2nd Way of Committing Espionage

Article 117: Espionage

Answer 22

POP

1. Offender is a Public Officer
2. He has in his Possession the articles, data, or information
3. He Discloses their contents to a representative of a foreign nation

Question 23

Espionage vs. Treason

Article 117: Espionage

Answer 23

1. Espionage can be committed by anyone in the first mode or a public officer in the 2nd mode. Treason can be committed by a Filipino citizen or an alien residing in the Philippines.
2. Espionage may be committed both in time of peace and in time of war. Treason can be committed only in time of war.

3.1 Espionage is committed by
a. entering without authority military establishments to obtain any data of a confidential nature relative to the defense of the Philippines
b. disclosing to the representative of a foreign nation any data of a confidential nature relative to the defense of the Philippines, which he had in his possession by reason of the public office he holds

3.2 Treason is committed by:
a. Levying war against the government
c. Adhering to the enemies of the Philippines, giving them aid or comfort.

Question 24

Elements of Inciting to War or Giving Motives for Reprisals

Article 118: Inciting to War or Giving Motives for Reprisals

Answer 24

UPE

1. Offender performs Unlawful or unauthorized acts; and
2. Such acts:
   -Provoke or give occassion for a war involving or liable to involve the Philippines; or
   - Expose Filipino Citizens to reprisals on their persons and property

Note:
- Intention of the accused is immaterial.
- This is committed in time of peace.

Example:
- Offender publicly destroys the flag of a foreign state. As reprisal to this, foreign state bans the entry of Filipinos to its territory.

Question 25

Elements of Violation of Neutrality

Article 119: Violation of Neutrality

Answer 25

WIO

1. There is a War in which the Philippines is not involved (so time of peace)
2. There is a regulation Issued by a competent authority for the purpose of enforcing neutrality; and
3. The Offender violates such regulation

Note:
- There must be a regulation issued for the enforcement of neutrality. It is the violation of such neutrality which constitutes the crime.
- Committed in time of peace

Question 26

Elements of Correspondence with Hostile Country

Article 120: Correspondence with Hostile Country

Answer 26

TM-PCC

1. It is made in Time of war in which the Philippines is involved
2. The offender Makes correspondence with the:
   a. Enemy country; or
   b. Territory occupied by the enemy troops; and
3. The correspondence is either:
   a. Prohibited by the government;
   b. Carried on in ciphers or conventional signs;
   c. Contains notice or information which might be useful to the enemy.

Note:
- Even if correspondence contains innocent matters, it is still punishable if the elements are met.

Question 27

Qualifying Circumstances of Correspondence with Hostile Country

Article 120: Correspondence with Hostile Country

Answer 27

The following must concor:
1. Notice or information might be useful to the enemy; and
2. Offender intended to aid the enemy

Note: Qualifying circumstances raise the penalty to the same as treason since aiding the enemy country amounts to treason.
- When you think of it, both are in time of war and giving the letter is in aid of the enemy.

Question 28

Elements of Flight to Enemy’s Country

Article 121: Flight to Enemy’s Country

Answer 28

WAAG

1. There is a War in which the Philippines is involved;
2. The offender must be owing Allegiance to the Government;
   - Aliens can also be liable because allegiance in this article can either be permanent or temporary allegiance.
3. The offender Attempts to flee or go to enemy country; and
   - mere attempt to go to enemy country when prohibited by competent authority consummated the felony
4. Going to an enemy country is prohibited by competent authority

Question 29

What is Piracy?

Art 122: Piracy in General and Mutiny in the High Seas or in PH Waters

Answer 29

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

Question 30

Elements of the 1st Mode of Committing Piracy

Art 122: Piracy in General and Mutiny in the High Seas or in PH Waters

Answer 30

1. Vessel is on the high seas or in the PH waters
2. Offender is not a members of its complement or a passenger vessel; and
3. Offender shall attack or seize that vessel

Question 31

Elements of the 2nd Mode of Piracy

Art 122: Piracy in General and Mutiny in the High Seas or in PH Waters

Answer 31

1. Vessel is on the high seas or in the PH Waters
2. Offender is not a members of its complement or a passenger vessel; and
3. Offender seizes in the vessel the whole or part of its cargo, its equipment or personal belongings of its complement or passenger

Question 32

What is Mutiny?

Art 122: Piracy in General and Mutiny in the High Seas or in PH Waters

Answer 32

It is the unlawful resistance to a superior officer, or the raising of commons and disturbances on board a ship against the authority of its commander.

Question 33

Piracy vs. Mutiny

Art 122: Piracy in General and Mutiny in the High Seas or in PH Waters

Answer 33

In piracy, the persons who attack a vessel or seize its cargo are strangers to the vessel; while in mutiny, they are members of the crew or passengers.

In piracy, intent to gain is essential; while in mutiny, the offenders may only intend to ignore the ship’s officers or they may be prompted by the desire to commit plunder.

Question 34

Circumstances Qualifying the Crimes of Piracy and Mutiny

Art 123. Qualified Piracy

Answer 34

BAC-MHPR

1. Whenever they have seized a vessel by Boarding or firing upon the same
   - This DOES NOT APPLY TO MUTINY since the offenders are already on board the ship
   - The offenders must have SEIZED the vessel for this to be qualifying circumstance.
2. Whenever the pirates (should be in 1st paragraph) have Abandoned their victims without means of saving themselves; or
3. Whenever the Crime is accompanied by Murder, Homicide, Physical injuries or Rape

Question 35

Is there a complex crime of piracy with murder?

Art 123. Qualified Piracy

Answer 35

No, there is only one crime committed - qualified piracy. PD 532 considers qualified piracy as a special complex crime, regardless of the number of victims.

Question 36

Piracy under the RPC vs. Piracy under PD 532

P.D. 532 Anti-Piracy Law

Answer 36

1. Under the RPC, the vessel is in the PH waters or high seas. Under PD 532, the vessel is in PH waters.
2. Under the RPC, the offender is not a crew member or complement. Under PD 532, offender is any person.

Question 37

Effects of PD 532

P.D. 532 Anti-Piracy Law

Answer 37

1. There is no piracy when members of the vessel’s complement or its passengers attack or seize the vessel or its cargo on high seas. The offense would be theft or robbery.
   - Theft if done without force.
   - Robbery if done with force.
2. There is piracy when **any person, member or non-member attack or seize the vessel or its cargo in PH waters. **

So steps to do:
1. PH Waters ba or High Seas
2. If PH Waters, can be done by passengers or non-passengers to be piracy
3. If High Seas, can be done only by non passengers to be piracy. If members, then it would be theft or robbery.
4. Robbery if with force.
5. Theft if without force.

Question 38

Who are accomplices in the crime of piracy.

P.D. 532 Anti-Piracy Law

Answer 38

1. Any person who aids or protects pirates such as giving them information about the movement of police.
2. Any person who receives property taken by such pirates or derives any benefit from them.
3. Any person who directly or indirectly abets (aids) the commission of piracy.

Question 39

Punishable Acts under RA 6235 Anti-Hijacking Law

RA 6235: Anti-Hijacking Law

Answer 39

Philippine Registry
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;
- Aircraft is “in flight” from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation
- If not in flight, the law is not violated but the crime may be under the RPC, such as grave threats or coercion.

Foreign Registry
2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots thereof to land in any part of Philippine territory.

Public Utility Passenger Aircraft
3. Shipping, loading, or carrying substances which are flammable, corrosive, explosive or poisonous substances

Public Utility Cargo Aircraft
4. Shipping, loading, or carrying substances which are flammable, corrosive, explosive or poisonous substance, if not done in accordance with the rules·and regulations of the Air Transportation Office

Question 40

Is there attempted hijacking?

RA 6235: Anti-Hijacking Law

Answer 40

No, because it is pubishable under a special penal law and the attempted stage is not punishable under the said law.

Question 41

Qualifying Circumstances for First Two Punishable Acts under RA 6235: Anti-Hijacking Law

RA 6235: Anti-Hijacking Law

Answer 41

1. Whenever the offender has fired upon the pilot, member of the crew, or passenger of the aircraft
2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries, or rape *(cannot be complexed with the crime of hijacking) *

Question 42

Punishable Acts of R.A. 11479 Anti-Terrorism Act of 2020 (Sections 4-12)

R.A. 11479: Anti-Terrorism Act of 2020

Answer 42

1. Terrorism
   - Acts mentioned in Section 4
2. Threat to Commit Terrorism
   - Threatening to commit any of the acts mention in Section 4
3. Planning, Training, Preparing, and Facilitating the Commission of Terrorism
4. Conspiracy to Commit Terrorism
   - Two or more persons come to an agreement concerning the commission of terrorism as defined in Section 4 and decide to commit it
5. Proposal to Commit Terrorism
   - Any person who decides to commit terrorism as defined in Sec. 4 and proposes its exection to some other person or persons
6. Inciting to Commit Terrorism
   - Any person who without taking any direct part in the commission of terrorism, shall include others to the execution of any of the acts specified in Section 4 by means of SPEWB: speeches, proclomations, emblems, writings, banners, or other representations tending to the same end.
7. Recruitment to and Membership in a Terrorist Organiztion
   - Recruiting another to participare in, join, commit or support any terrorist organization
   - Organizing the travel of individuals to a state other than their state of residence for the purpose of recruitment
   - Voluntarily and knowingly joining a terrorist organization
8. Foreign Terrorist; and
   - For any person to travel or attempt to travel to a state other than his own state of residence for the purpose of terrorism
   - Organizing the travel of said individuals for the same purpose
   - For any person residing abroad who comes to the PH to participate in terrorism
9. Providing Material Support to Terrorists

Question 43

Acts Punished under Terrorism (Section 4)

R.A. 11479: Anti-Terrorism Act of 2020

Answer 43

Terrosim is committed by any person, who within or outside the Philippines, regardless of the stage of execution engages in the following:
1. Acts intended to cause death or serious bodily injury to any person, or endangers a person’s life
2. Acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property
3. Acts intended to cause extensive interference with, damage or** destruction to critical infrastructure **
4. Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons
5. Release of dangerous substances, or causing fire, floods, or explosions

Question 44

Purpose of the Acts Punished under Terrorism (Section 4)

R.A. 11479: Anti-Terrorism Act of 2020

Answer 44

1. To intimidate the general public or a segment thereof,
2. Create an atmosphere or spread a message of fear
3. To provoke or** influence by intimidation the government **or any international organization
4. Seriously destabilize or destroy the fundamental political, economic, or social structures of the country, or
   5.** Create a public emergency** or seriously undermine public safety

Question 45

Who are accessories under R.A. 11479 Anti-Terrorism Act of 2020

R.A. 11479: Anti-Terrorism Act of 2020

Answer 45

1. Persons who profited themselves or assisted the offender to profit by the effects of the crime
2. Persons who concealed or destroyed the body of the crime, or the effects, or instruments thereof, in order to prevent discovery; or
3. Persons who harbored, concealed, or assissted in the escape of the principal or conspirator of the crime

Question 46

Is there a delay in the delivery of prisoners under Section 29 of R.A. 11479: Anti-Terrorism Act of 2020, since the said section states that a person may be detained for up to 14 days, once arrested without a warrant?

Answer 46

No, Section 29 is an exception to Art 125: Delay in the Delivery of Prisoners as long as the Anti-Terrorism Council issues a written authority in favor of the arresting officer.

Sec. 29 did not divert from the rule that only a judge may issue a warrant of arrest neither does the written authorization serve to substitute a warrant of arrest that only the courts may issue.