Title One: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

114. Treason

Elements:

1. Filipino Citizen or Alien residing in the PH
2. There s a war which the PH is involved
3. the offense is either –
   1. levies war against the Gov’t
   2. adhere to the enemies, giving them aid and support

1st mode in committing Treason: Requisites in Levying War:

1. there is an actual assembly of men,
2. for the purpose of executing a treasonable design by force

2nd mode in committing Treason:

1. Adherence to the enemy – “intent to betray.
2. Giving Aid or Comfort –

 

115. Conspiracy and proposal to commit treason
116. Misprision of treason

Elements:

1. that the offender must owe allegiance to the Govt and not a foriegner
2. he has knowledge of any conspiracy against govt
3. that he conceal and or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.

 

117. Espionage

Two way to commit espionage:

1. By entering without the authority thereof a warship, fort, or naval or military establishment or reservation to obtain any information plans, photographs or other data of a confidential nature related to the defense of the PH.

 Elements:

1. the offender enters any of the places mentioned therein;
2. that he has no authority thereof
3. that the purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines

 

2. By disclosing to the representative of a foreign nation the contents of the article, data or information referred above which he had in possession by reason of the public office he holds.

Elements:

1. that the offender is a public officer
2. that he has in his possession the articles, data or information referred in to paragraph no. 1
3. that he discloses their contents to a representative of a foreign nation

 

118. Inciting to war or giving motives for reprisals

Elements:

1. that the offender performs unlawful acts
2. that such acts provoke or give occasion for a war involving or liable to involve the PH or expose Filipino citizens to reprisals on their persons or property

 

119. Violation of neutrality

Elements:

1. That there is a war which the PH is not involved
2. that there is a regulation issued by competent authority for the purpose of enforcing neutrality

 

120. Correspondence with hostile country

Elements:

1. that is in time of war in which the PH is involved
2. that the offender makes correspondence with an enemy country or territory occupied by enemy troops.
3. that the correspondence is either:
   1. prohibited by the Govt
   2. carried on in ciphers or conventional signs,
   3. containing notice or information which might be useful to the enemy

 

121. Flight to enemy’s country

Elements:

1. that is in time of war in which the PH is involved
2. that the offender must be owing allegiance to the Govt
3. that the offender attempts to flee or go to enemy country
4. that going to enemy country is prohibited by competent authority

 

122. Piracy in general and mutiny on the high seas or in the Philippine waters

 

Two way to commit piracy

1. by attacking or seizing a vessle on the high seas or in PH waters
2. by seizing in the vessle while on the high seas or in PH waters the whole or part of its cargo, its equipment or personal belongings of its passengers or its complement.

Elements:

1. that a vessel is on the high seas or in the PH waters
2. the offenders are not members of its complement or passengers of the vessel
3. that the offenders:
   1. attack or seize the vessel
   2. seize the whole o part of the cargo, its equipment or personal belongings of its passengers or its complement.

 

123. Qualified Piracy

1. Whenever they have seized a vessel by boarding or firing upon the same;
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
4. that the offenders: