BOOK TWO
Levies war against the
Crimes and Penalties
TITLE ONE
Crimes Against National
Security and the Law of
Nations
CHAPTER ONE
Crimes Against National
Security
SECTION ONE
Treason and Espionage
ARTICLE 114. Treason. — Any
person who, owing allegiance
to the United States or the
Government of the Philippine
Islands, not even a foreigner,
levies war against them or
adheres to their enemies,
giving them aid or comfort
within the Philippine Islands or
elsewhere, shall be punished
by reclusión perpetua to death
and shall pay a fine not to
exceed P20,000 pesos.
Elements of the crime:
1. That the offender is a
Filipino citizen or an alien
residing in the Philippines;
2. That there is a war in which
the Philippines is involved;
3. That the offender either -
a.
Government, or
b. A d h e r e s t o t h e
enemies, giving them
aid or comfort.
Tr e a s o n i s a b r e a c h o f
allegiance to a government,
committed by a person who
owes allegiance to it.
Allegiance is meant the
obligation of fidelity and
obedience which the
individuals owe to the
gobvernment under which they
live or to their sovereign, in
return for the protection they
receive.
Allegiance is either
permant or temporary.
Permanent allegiance
consists in the obligation
of fidelity and obediance
which a citizen or subject
owes to his government
or sovereign.
Temporary allegiance is
the obligation of fidelity
and obedience which a
resident alien owes to our “Adherence to the
government. enemy” means “intent
to betray”. There is
Two ways or modes of “adherence to the
committing treason. enemy” when a
1. By levying war against citizen intellectually
the Government. and emotionally
(1). That there be an favors the enemy and
actual Assembling of harbors sympathies
men. or convictions disloyal
(2). For the purpose to his country’s policy
of executing a or interest.
treasonable design
by force. “Aid or comfort”
means an act which
It is not necessary strengthens or tends
that there be any to strengthen the
formal declaration of enemy in the conduct
the existence of a of war against the
state of war. traitor’s country and
an act which weakens
The levying of war or tends to weaken
must be in the power of the
collaboration with a traitor’s country to
foreign enemy. resist or to attack the
enemy.
2. By adhering to the
enemies of the Emotional or
Philippines, giving i n t e l l e c t u a l
them aid or comfort. attachment or
sympathy to the
(must concur
together) enemy, without giving
the enemy aid or
 comfort, is not
treason.
Treason by Filipino
citizen can be
committed outside of
the Philippines.
Treason by an alien
must be committed in
the Philippines.
No person shall be convicted
of treason unless on the
testimony of two witnesses at
least to the same overt act or
on confession of the accused
in open court.
Ways of proving treason
1. T e s t i m o n y o f t w o
witnesses, at least, to
the same overt act; or
The testimony of two
witnesses is required to
prove the overt act of
giving aid or comfort. It is
not necessary to prove
adherence.
The two-witness rule is
“severely restrictive”. The
provision requires that
each of the witnesses
must testify to the whole
overt act; or if it is
separable, there must be
two witnesses to each
part of the overt act.
Adherence may be
proved:
1. by one witness,
2. from the nature of the
act itself, or
3. from the circumstances
surrounding the acts.
Adherence to the enemy,
in the sense of a disloyal
state of mind, cannot be ,
and is not required to be ,
proved by disposition of
two-witnesses, because
what is designed in the
mind of an accused never
is susceptible of proof by
direct testimony.
4. C o n f e s s i o n o f t h e
accused in open court.
The confession means a
confession of guilt. It is
not only an admission of
 facts made by the
accused in giving his
testimony after a plea of
not guilty, from which
admissions of his guilt
can be inferred. It means
pleading guilty in open
court; that is, before the
judge while actually
hearing the case.
ARTICLE 115. Conspiracy and
Proposal to Commit Treason
— Penalty. — The conspiracy
or proposal to commit the
crime of treason shall b
punished respectively, by
prisión mayor and a fine not
exceeding P10,000 pesos, and
prisión correccional and a fine
not exceeding P5,000 pesos.
Conspiracy to commit
treason is committed when in
time of war, two or more
person come to an agreement
to levy war against the
Government or to adhere to
the enemies and to give them
aid or comfort, and decide to
commit it.
Proposal to commit
treason is committed when in
time of war a person who has
decided to levy war against the
Government or to adhere to
the enemies and to give them
aid or comfort, proposes its
execution to some other
person or persons.
The two-witness rule does
not apply to this crime,
because this is a separate and
distinct offense from that of
treason.
ARTICLE 116. Misprision of
Treason. — Every person
owing allegiance to the United
States or the Government of
the Philippine Islands, without
being a foreigner, and having
knowledge of any conspiracy
against them, who 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 or fiscal of the city in
which he resides, as the case
may be, shall be punished as
an accessory to the crime of
treason.
Elements of the crime:
1. That the offender must be
owing allegiance to the
Government, and not a
foreigner.
2. That he has knowledge of
any conspiracy (to commit
treason) against the
Government.
3. That he 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 or fiscal of the
city in which he resides.
Misprision of treason
cannot be committed by
a resident alien.
Misprision of treason
does not apply when the
crime of treason is
already committed by
someone and the
accused does not report
its commission to the
proper authority because
misprision of treason
speaks of “knowledge of
any conspiracy against”
the Government of the
Philippines, not
knowledge of treason
actually committed by
another.
The offender in
misprision of treason is
punished as an
accessory to treason or
two degrees lower than
that provided for treason.
The offender is, however,
a principal in the crime of
misprision of treason.
ARTICLE 117. Espionage. —
The penalty of prisión
correccional shall be inflicted
upon any person who:
1. Without authority therefor,
enter a warship, fort or
naval or military
establishment or
reservation to obtain any
information, plans,
photographs or other data
of a confidential nature
relative to the defense of
the Philippine Archipelago;
or
Elements of the crime:
(a) That the offender enters
any of the warship, fort, or
naval or military
establishment or
reservation of the
Philippines;
The offender is any
person, whether a citizen
or a foreigner, a private
individual or a public
officer.
When the offender is a
p u b l i c o f fi c e r o r
employee, the penalty
next higher in degree
shall be imposed.
(b) That he has no authority
therefore;
(c) That his purpose is to
obtain information, plans,
photographs or other data
of a confidential nature
relative to the defense of
the Philippines.
The offender must have
the intention to obtain
information relative to the
defense of the Philippines.
It is not necessary that
the offender should have
obtained any information,
plans, etc. mentioned. Ot is
sufficient that he has the
purpose to obtain any of then
when he entered a warship,
fort, or naval or military
establishment.
2. Being in possession, by
reason of the public office
he holds, of the articles,
data or information referred
to in the preceding
paragraph, discloses their
contents to a
representative of a foreign
nation.
Elements of the crime:
(a) That the offender is a
public officer;
(b) T h a t h e h a s i n h i s
possession any information
plans, photographs or other
data of a confidential
nature, by reason of the
public office he holds;
(c) That he discloses their
contents to a
 representative of a foreign
nation.
The penalty next higher in
degree shall be imposed if the
offender be a public officer or
employee.
Espionage is the offense of
gathering, transmitting, or
losing information respecting
the national defense with intent
or reason to believe that the
information is to be used to the
injury of the Republic of the
Philippines or to the advantage
of any foreign nation.
SECTION TWO
Provoking War and Disloyalty
in Case of War
ARTICLE 118. Inciting to War
or Giving Motives for Reprisals.
— The penalty of reclusión
temporal shall be imposed
upon any public officer or
employee, and that of prisión
mayor upon any private
individual, who, by unlawful or
unauthorized acts provokes or
gives occasion for a war
involving or liable to involve the
Philippine Islands or exposes
Filipino citizens to reprisals on
their persons or property.
Elements of the crime:
1. That the offender performs
unlawful or unauthorized
acts.
If the offender is a private
individual, the penalty is
prision mayor.
If the offender is a public
officer or employee, the
penalty is reclusion
temporal.
2. That such acts provoke or
give occasion for a war
involving or liable to involve
the Philippines or expose
Filipino citizen to reprisals
in their person or property.
The intention of the
offender is immaterial.
The crime of inciting to
war or giving motives for
reprisals is committed in
time of peace.

ARTICLE 119. Violation of
Neutrality. — The penalty of
prisión correccional shall be
inflicted upon anyone who, on
the occasion of a war in which
the Government is not
involved, violates any
regulation issued by competent
authority for the purpose of
enforcing neutrality.
Elements of the crime:
1. That there is a war in which
the Philippines is not
involved;
2. That there is a regulation
issued by competent
authority for the purpose of
enforcing neutrality;
A nation or power which
takes no part in a contest
of arms going on
between others is
referred to as neutral.
3. That the offender violates
such regulations.
ARTICLE 120.
Correspondence with Hostile
Country. — Any person, who in
t i m e o f w a r, s h a l l h a v e
correspondence with an
enemy country or territory
occupied by enemy troops
shall be punished:
1. By prisión correccional, if
the correspondence has been
prohibited by the Government;
2. By prisión mayor, if such
correspondence be carried on
in ciphers or conventional
signs; and
3. By reclusión temporal, if
notice or information be given
thereby which might be useful
to the enemy. If the offender
intended to aid the enemy by
giving such notice or
information, he shall suffer the
penalty of reclusión temporal
to death.
Elements of the crime:
1. That it is in time of war in
which the Philippines is
involved;
2. That the offender makes
correspondence with an
 enemy country or territory Prohibition by the
occupied by enemy troops; Government is not
3. That the correspondence is essential in
either - paragraph 2 and 3.
(a) p r o h i b i t e d b y t h e
Government, or ARTICLE 121. Flight to
(b) carried on in ciphers Enemy’s Country. — The
or conventional signs, penalty of arresto mayor shall
or be inflicted upon any person
(c) containing notice or who, owing allegiance to the
information which Government, attempts to flee
might be useful to the or go to an enemy country
enemy. when prohibited by competent
authority.
Correspondence is
communication by Elements of the crime:
means of letters; or it 1. That there is a war in which
may refer to the the Philippines is involved;
letters which pass 2. That the offender must be
between those who owing allegiance to the
have friendly or Government;
business relations. 3. That the offender attempts
to flee or go to enemy
Even if the country;
correspondence 4. T h a t g o i n g t o e n e m y
contains innocent country is prohibited by
matters, if the competent authority.
correspondence has
been prohibited by An alien resident in the
the government, it is country can be held liable
punishable. under this article. The law
does not say “not being a
foreigner.” Hence, the
 allegiance contemplated
in this article is either
n e u tra l o r te mp o r a r y
allegiance.
Mere attempt to flee or go
to enemy country
consummates the crime.
SECTION THREE
Piracy and Mutiny on the High
Seas
A RT I C L E 1 2 2 . P i r a c y i n
General and Mutiny on the
High Seas. — The penalty of
reclusión perpetua shall be
inflicted upon any person who,
on the high seas, shall attack
or seize a vessel or, not being
a member of its complement
nor a passenger, shall seize
the whole or part of the cargo
of said vessel, its equipment or
personal belongings of its
complement or passengers.
The same penalty shall be
inflicted in case of mutiny on
the high seas.
Elements of piracy:
1. That a vessel is on the high
seas or in Philippine waters
(P.D. No. 532);
High seas does not
means that the crime be
committed beyond the
three-mile limit of any
state. It means any water
other sea coast which are
without the boundaries of
low-water mark, although
such waters may be in
the jurisdictional limits of
a foreigner government.
Philippines water refer to
all bodies of water, such
as but not limited to,
seas, gulfs, bays around,
between and connecting
each of the Islands of the
Philippines Archipelago,
irrespective of its depth,
breadth, length or
dimension, and all other
waters belong to the
Philippines by historic or
legal title, including
territorial sea, the sea-
bed, the insular shelvers,
and other submarine
areas which the
 Philippines had
sovereignty or jurisdiction
. belongings of its
Any vessel or watercraft
used for transport of
passenger and cargo
from one place to another
through Philippine waters.
It shall include all kings
and types of vessels or
boat used in fishing.
2. That the offenders are not
members of its
complement or passengers
of the vessel;
3. That the offenders (a)
attack or seize that vessel,
or (b) seize the whole or
part of the cargo of said
vessel, its equipment or
personal belongings of its
complement or
passengers.
Tw o w a y s o r m o d e s o f
committing piracy:
1. By attacking or seizing a
vessel on the high seas or
in the Philippine waters;
2. By seizing in the vessel
while on the high seas or in
Philippine waters the whole
or part of its cargo, its
equipment or personal
complement or
passengers.
Piracy is defined as a robbery
or forcible depredation on the
high seas, without lawful
authority and done with animo
furandi and in the spirit and
intention of universal hostility.
Mutiny is the unlawful
resistance to a superior officer,
or the raising or commotions
and disturbances on board a
ship against the authority of its
commander.
A R T I C L E 1 2 3 . Q u a l i fi e d
Piracy. — The penalty of
reclusión temporal to death
shall be imposed upon those
who commit any of the crimes
referred to in the preceding
article, under any of the
following circumstances:
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; or
3. Whenever the crime is
a c c o m p a n i e d b y m u r d e r,
homicide, physical injuries, or
rape.