CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATIONS

And RELEVANT SPECIAL PENAL LAWS

- the crimes falling within this title is relevant as to the characteristic of
criminal law being territorial in nature, thus, it should be remembered
that crimes committed under this title are all exempted under the
territoriality principle and has an extra-territorial characteristic as defined
under Article 2, of the Revised Penal Code
TREASON (Article 114, Revised Penal Code)

1. An offender may be any Filipino citizen or an alien residing in the

Philippines;
2. The offender perform any of the following acts:
a. levy war against the Philippines
b. adhere to her enemies by giving them aid or comfort within the
Philippines or elsewhere.

• OFFENDER IS A FILIPINO CITIZEN

- A Filipino Citizen owes, not a qualified and temporary, but an
absolute and permanent allegiance., which consists in the
obligation of fidelity and obedience to his government or
sovereign.

• OFFENDER IS A FOREIGNER (RESIDENT ALIEN)

- A foreigner owes temporary allegiance to the government of
the place wherein he resides in return for the protection he
receives. Such temporary allegiqnce continues during the
period of his residence.

PUNISHABLE ACTS:

a. LEVYING WAR
- This act requires an actual assemblage of men for the
purpose of executing a treasonable design by force. Actual
armed encounter between the government forces and
traitors are not required.

b. ADHERING TO THE ENEMIES BY GIVING THEM AID OR COMFORT

- The phrase giving them aid or comfort means an act which
strengthens or tends to strengthen the enemy, and weakens
or tends to weakens the power of the traitor's country, in the
conductofwarbetweenthem.

TWO WITNESS RULE IN THE CRIME OF TREASON

 - Each of the witnesses must testify to the whole over act of
either levying war or adhering to the enemies; or, if it is
separable, there must be two witnesses to each part of the
overt act.

AGGRAVATING CIRCUMSTANCE IN THE CRIME OF TREASON

- Treachery and abuse of superior strength are by their nature,
inherent in the offense of treason and may not be taken to
aggravate the penalty. Cruelty however may be
appreciated in treason. (People v. Adlawan, GR No. L-456,
March 29, 1949)
Evident premeditation is inherent in treason because
adherence and the giving of aid and comfort to the enemy is
a long continued process requiring for the successful
consummation of the traitor's purpose a fixed, reflective and
persistent determination and planning. (People v. Racaza, GR
No. L-365, January 21, 1949)

NOTE: THE FOLLOWING ARE CASES RELATED TO THE CRIME OF TREASON. PLEASE
SEARCH THE FULL TEXT and READ THE SAME.

1. Laurel v. Misa, 77 Phil 856

2. People v. Perez, 83 Phil 314
3. People v. Prieto, 80 Phil 138
4. People v. Manayao, 78 Phil 721
5. People v. Adriano, 78 Phil 561

PROPOSAL & CONSPIRACY TO COMMIT TREASON (Article 115, Revised

Penal Code)

CONSPIRACY TO COMMIT TREASON

1. There is a war in which the Philippines is involved;

2. At least two persons come to an agreement to:
- Levy war against the government
- Adhere to the enemies by giving them aid or comfort
3. They decide to commit it.

PROPOSAL TO COMMIT TREASON

1. There is a war in which the Philippines is involved;

2. The offender has decided to commit the following:
- Levy war aoainst the qovernment
 - Adhere to the enemies by giving them aid or comfort
3. The offender proposes its execution to some other person or persons.

DOCTRINE OF ABSORPTION

IN PROPOSAL- If a person to whom the proposal is made does not agree to

commit treason, the proponent shall be held liable for proposal to commit
treason.
IN CONSPIRACY- If a person to whom the proposal is made agrees and
decides to commit treason the crime is conspiracy to commit treason, the
proponent cannot be separately held liable for proposal to commit treason
since conspiracy to commit treason absorbs proposal to commit treason.

• If however, the person to whom the proposal is made actually commits

the crime of treason, said person and the proponent as conspirators are
liable for the crime of treason itself; the proponent is also considered as
principal by inducement; the conspirators could not be separately held
liable for conspiracy to commit treason since treason absorbs the crime
of conspiracy to commit treason. Conspiracy in this case is just a mode
of committinq treason.
MISPRISION OF TREASON (Arflcle 116, Revised Penal Code)

1. Offender owes allegiance to the government and not a foreigner;

2. He has knowledge of 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 governor, mayor, or fiscal of the city in which he
resides.

• In misprision of treason, a Filipino Citizen obtains knowledge of

conspiracy to commit treason by a Filipino citizen or resident alien but
he fails to report the matters to proper authorities.
ESPIONAGE ( Arflcle 117, Revised Penal Code)

PUNISHABLE ACTS
1. By entering, without authority therefore, a warship, fort or naval or
military establishment, or reservation to obtain any information, plans,
photograph 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 paragraph 1 of Article 117,
which he had in his possession by reason of the public office he holds.
DIFFERENCE OF TREASON AND ESPIONAGE

TREASON
Treason is a war crime
Treason can only be committed by
Filipino citizen or resident alien.
ESPIONAGE
Espionage can be committee
whether in times of war or peace
Espionage can be committed by a
person reqardless of nationality

• The concept of espionage may be embraced within the legal

contemplation of treason. Disclosing confidential military information by
a public officer to representative of a foreign nation is espionage. But
disclosing such information in adherence to an enemy in times of war
constitutes treason and not espionaqe.
INCITING TO WAR OR GVING MOTIVE FOR REPRISAL (Article 118, Revised
Penal Code)
1. Offender performs unlawful or unauthorized acts;
2. The acts provoke or give occasion for:
a. A war involving or liable to involve the Philippines;
b. Exposure of Flilipino citizens to reprisals on their persons or
property
VIOLATION OF NEUTRALITY (Article 119, Revised Penal Code)

1. There is a war in which the Philippines is NOT involved;

2. There is a regulation issued by a competent authority to enforce
neutrality;
3. Offender violates the reqelation.
CORRESPONDENCE WITH HOSTILE COUNTRY (Article 120, Revised Penal
Code)
1. There is a war in which the Philippines is involved;
2. Offender makes correspondence with an enemy country or territory
occupied by enemy troops;
3. The correspondence is either-
a. Prohibited by the government;
b. Carried on in ciphers or conventional signs;
4. It contains notice or information which miqht be useful to the enemy.
FLIGHT TO ENEMY'S COUNTRY (Article 121, Revised Penal Code)
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the government;
3. Offender attempts to flee or to go to the enemy country;
4. Goinq to the enemy countrv is prohibited by competent authority.