crimlaaaw

• Adhering to the enemies, giving them aid or comfort

  1. An actual adherence to the enemies

  2. Giving aid or comfort to them
• Article 116 - Misprision of Treason
• Misprision of Treason is not applicable if treason is already committed and the accused does not report its commission
• The extent of aid and comfort given to the enemies must be to render assistance to the enemies and not merely as individuals and in addition, be directly in furtherance of the enemies’ hostile designs
• Types of Allegiance

  • Permanent - a citizen’s obligation of fidelity and obedience to his/her government or sovereign
  • Temporary - allegiance which a foreigner owes to the government of a territory where they reside so long as they remain there, in return for the protection they receive
• Article 114 - Treason
• Two witness rules are severely restrictive and require that each of the witnesses must testify to the whole overt act or at least two witnesses to each of the overt act
• Elements of Espionage

  • Offender enters any of the places mentioned
  • Has no authority
  • Purpose is to obtain information, plans, photographs, or other data of confidential nature relative to the defense of the Philippines
• Elements of Inciting to War or Giving motive for reprisals

  • Offender performs unlawful or unauthorized acts
  • Provoke or give occasion for a war involving or liable to involve the Philippines
  • Expose Filipino citizens to reprisals on their persons and property
• Article 115 - Conspiracy and Proposal to Commit Treason
• Ways to prove Treason

  • Testimony of two witnesses, at least, to the same overt act
  • Confession of the accused in open court
• Elements of Misprision of Treason

  • Offender is a citizen of the Philippines and not a foreigner
  • Knows about any conspiracy to commit treason against the government
  • Conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor
• Elements of Treason

  • Offender owes allegiance to the government
  • There is a war where Philippines is involved
  • Offender either levies war against the government or adheres to the enemies, giving them aid or comfort
• Levying war against government

  1. An actual assembling of men

  2. For executing a treasonable design by force
• Article 117 - Espionage
• Article 118 - Inciting to War or Giving motive for reprisals
• Crime of Espionage under the first mode consummated

  • Espionage is consummated by the mere entry of the accused without authority into warship, fort, military or naval establishment or reservation; For the purpose is to obtain information relative to the defense of the Philippines
• PD no. 532 – Anti-Piracy and Anti-Highway Robbery Law of 1974
• Piracy Elements

  1. There is a vessel

  2. It is in Philippine waters

  3. Attacks a vessel or seizes a vessel

  4. By means of violence against or intimidation of persons of force upon things
• Article 120 Elements

  1. In time of war

  2. Offender makes correspondence with an enemy country occupied by enemy troops

  3. Correspondence is prohibited by the government, carried on in ciphers or conventional signs, or containing notice or information which might be useful to the enemy
• Definition of Piracy

  • Any attack upon or seizure of any vessel or the taking away of the whole or part of its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the vessel
• Mutiny is an unlawful resistance to a superior, the raising of commotions and disturbances on board a ship against the authority of its commander
• Highway Robbery/Brigandage Elements

  Seizes any person for ransom, extortion or other unlawful purposes
• Act of reprisal = act of retaliation
• Article 121 Elements

  1. There is war

  2. Offender owes allegiance to the government

  3. Offender attempts to flee or go to enemy country

  4. Going to enemy country is prohibited by competent authority
• Offender in Piracy under Revised Penal Code must be a stranger to the vessel, while under PD no 532, a pirate can be any person or member of the vessel, either an outsider or insider
• Definition of Highway Robbery/Brigandage

  • Seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person committed by any person on any highway
• Article 118 Elements

  1. Offender performs unlawful or unauthorized acts

  2. Provoke or give occasion for a war involving or liable to involve the Philippines

  3. Expose Filipino citizens to reprisals on their persons and property
• Article 123 – Qualified Piracy Qualifying Circumstances

  1. When they have seized a vessel by boarding or firing

  2. Pirates have abandoned their victims without means of saving themselves

  3. The crime is accompanied by murder, homicide, physical injuries, or rape
• Article 119 Elements

  1. There is war where Philippines is not involved

  2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality

  3. Offender violates such regulation
• Is there hijacking in the attempted stage?
• RA no. 9372 – An act to secure the state and protect our people from terrorism:
• The crime is accompanied by murder, homicide, physical injuries, or rape

  Highway Robbery/Brigandage
• Surveillance of suspects and interception and recording of communications

  Upon a written order of the Court of Appeals, a police or law enforcement official and the member of his team may intercept and record with the use of any mode, form, or any kind of electronic or other surveillance equipment or intercepting and tracking devices
• Chapter 1 – Arbitrary Detention or expulsion

  1. Offender is a public officer or employee

  2. Detains a person

  3. Detention is without legal grounds
• Delivering the person to the proper judicial authorities – making an accusation, charge, filing of an information against the person arrested with the corresponding court where the latter acquires jurisdiction to issue an order of release of the prisoner
• What is the length of detention for it to be considered arbitrary detention?
• Election or special holiday should not be included in the computation of the period prescribed by law for the filing of complaint/information in courts
• Crimes under RA no. 6235

  1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight compelling the pilots to change the course or destination of the aircraft

  2. Seizing control of foreign registry compelling the pilots to land in any part of the Philippine territory

  3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive or poisonous substances
• Highway Robbery/Brigandage

  1. Seizes any person for ransom, extortion or other unlawful purposes

  2. Takes away the property of another by means of violence against or intimidation of a person

  3. Committed in Philippine Highway

  4. Done indiscriminately against any person