Module 1

• Crimes Against National Security


  • Treason (Art. 114)
  • Conspiracy and Proposal to Commit Treason (Art. 115)
  • Misprision of treason Art. 116)
  • Espionage (Art. 117)
• Crimes Against the Law of Nations


  • Inciting to War or Giving Motives for Reprisals (Art. 118)
  • Violation of Neutrality (Art. 119)
  • Corresponding with Hostile Country (Art. 120)
  • Flight to Enemy's Country (Art. 121)
  • Piracy in General and Mutiny on the High Seas (Art. 122)
• The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction
• Prosecution can only proceed if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty
• In the case of crimes against the law of nations, the offender can be prosecuted wherever he may be found because the crimes are regarded as committed against humanity in general
• Crimes that can be committed in times of peace


  • Espionage, under art. 114
  • Inciting to War or Giving Motives for Reprisals, under art. 118
  • Violation of Neutrality, under art. 119
• Treason


  • Offender: Filipino or a resident alien
  • There is war, the Philippines is involved
  • Offender either: Levies war against the government; or Adheres to enemies, giving them aid or comfort
• Requirements of Levying War


  1. Actual assembling of men

  2. To execute a treasonable design by force

  3. Intent is to deliver the country in whole or in part to the enemy

  4. Collaboration with foreign enemy or some foreign sovereign
• Ways of proving treason


  • Testimony of at least two witnesses to the same overt act
  • Confession of accused in open court
• Conspiracy to commit treason


  • There is war. The Philippines is involved
  • At least two persons come to an agreement to - Levy war against the government; or Adhere to the enemies, giving them aid or comfort
  • They decided to commit it
• Proposal to commit treason


  • There is a war. The Philippines is involved
  • At least one person decides to - Levy war against the government; or Adhere to the enemies, giving them aid or comfort
  • He proposes its execution to some other persons
• Misprision of treason


  • Offender: owes allegiance to the government, not a foreigner
  • Knowledge of conspiracy to commit treason against the government
  • He conceals the same from the authorities
• Espionage


  • First act punishable: Offender enters any of the following places: a warship, fort or naval or military establishment or reservation, without authority, with purpose to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines
  • Second act punishable: Offender is a public officer, has in his possession the articles, data or information referred to in paragraph 1 Article 117, by reason of the public office he holds, and discloses their contents to a representative of a foreign nation
• Inciting to War or Giving Motives for Reprisals


  • Offender performs unlawful or unauthorized acts
  • The acts provoke or give occasion for - a war involving or liable to involve the Philippines; or exposure of Filipino citizens to reprisals (retaliation, revenge, acts of vengeance) on their persons or property
• Violation of Neutrality


  • There is a war. Philippines is not involved
  • A regulation issued enforcing neutrality
  • Offender violates the regulation
• Correspondence with Hostile Country


  • There is war. Philippines is involved
  • Offender makes correspondence with an enemy country or territory occupied by enemy troops
  • The correspondence is either - prohibited by the government; carried on in ciphers or conventional signs; or containing notice or information which might be useful to the enemy
• Flight to Enemy's Country


  • There is a war. Philippines is involved
  • Offender must be owing allegiance to the government
  • Offender attempts to flee or go to the enemy country
  • Going to the enemy country is prohibited by competent authority
• Piracy and Mutiny


  • Acts punished as piracy: Attacking or seizing a vessel on the high seas or in Philippine waters; Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers
  • Elements of mutiny: The vessel is on the high seas or Philippine waters; Offenders: either members of its complement or passengers of the vessel; Offenders either: attack or seize a vessel; seize the whole or part of the cargo, its equipment or personal belongings of the crew or passengers
• Qualified Piracy


  • The vessel is on the high seas or Philippine waters
  • Offenders may or may not be members of its complement, or passengers of the vessel
  • Offenders either - attack or seize a vessel; seize the whole or part of the cargo, its equipment or personal belongings of the crew or passengers
  • The preceding were committed under any of the following circumstances: whenever they have seized a vessel by boarding or firing upon the same; whenever the pirates have abandoned their victims without means of saving themselves; whenever the crime is accompanied by murder, homicide, physical injuries or rape
• Mutiny is the unlawful resistance to a superior officer, orthe raising of commotions and disturbances aboard a shipagainst the authority of its commander.