- section 1 treason and espionage
-
Art. 114 Treason
- 1.Filipino citizen of Alien resident
- 2.there is war and Philippines is involved.
-
3.Offender either
- a. Levies war against the
government
- b. Adheres to enemies, giving aid or
comfort.
-
Art. 115 Conspiracy and Proposal
- CONSPIRACY
- 1. In time of war
-
2. Two or more persons come to an agreement
- a. levy war against the government
- b. adhere to the enemies and to give
them aid or comfort
- 3. They decide to commit it.
- PROPOSAL
- 1. In time of war
- 2. A person who has decided to levy war
against the government, or to adhere to the
enemies and to give them aid or comfort
- 3. Proposes its execution to some other
person/s.
-
Article 116. Misprison of Treason
- 1. Offender owes allegiance to the government
- 2. Not a foreigner
- 3. Has knowledge of any conspiracy (to
commit treason) against the government
- 4. He conceals or does not disclose the same
to the authorities in w/c he resides.
-
Article 117. Espionage
-
1.MODES of COMMITTING ESPIONAGE
- 1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines.
-
ELEMENTS:
1. That the offender enters a warship,
fort, naval or military
establishment or reservation
- 2. That he has no authority therefore;
- 3. That his 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 articles,
data or information referred to in the
preceding paragraph, which he had in his
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
to in the first mode of committing
espionage, by reason of the public
office he holds; and
- 3. That he discloses their contents to
a representative of a foreign
nation.
- Section 2 Provoking war and disloyalty in case of war
-
Article 118 Inciting to war or giving motives for reprisals
- 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
reprisals on their persons or property;
-
ART. 119. VIOLATION OF NEUTRALITY
- 1. That there is war in which the Philippines is
not involved
- 2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
- 3. That the offender violates such regulation
-
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
- 1. There’s a war in and Philippines is
involved;
- 2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops
-
3. That the correspondence is either –
- a. prohibited by the government, or
- b. carried on in ciphers or
conventional signs
- c. containing notice or information
which might be useful to the
enemy
-
ART. 121. FLIGHT TO ENEMY’S COUNTRY
- 1. There’s a war and Philippines is involved
- 2. Offender owes allegiance to the
government
- 3. Offender attempts to flee or go to enemy
country; and
- 4. Going to enemy country is prohibited by
competent authority
- Section Three – Piracy & Mutiny on The High
Seas
-
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
-
PIRACY – MODES TO COMMIT
- 1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
- 1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
-
ELEMENTS of PIRACY
- 1. A vessel is on the high seas or Philippine
waters;
- 2. Offenders – not members of its complement
nor passengers of the vessel; and
-
3. That the offenders
- a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas)
- b. seize whole or part of vessel’s cargo,
equipment or personal belongings
of its complement or passengers.
-
ART. 123. QUALIFIED PIRACY
-
QUALIFYING CIRCUMSTANCES:
- 1. Seizure of the vessel by boarding or firing
upon the same
- 2. Abandonment of victims without means of
saving themselves
- 3. Piracy was accompanied by murder,
homicide, physical injuries, or rape.