TITLE I.

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security

1. Treason (Art. 114);

2. Conspiracy and proposal to commit treason (Art. 115);

3. Misprision of treason (Art. 116); and

4. Espionage (Art. 117).

Crimes against the law of nations

1. Inciting to war or giving motives for reprisals (Art. 118);

2. Violation of neutrality (Art. 119);

3. Corresponding with hostile country (Art. 120);

4. Flight to enemy's country (Art. 121); and

5. 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. However, prosecution can proceed only if the
offender is within Philippine territory or brought to the Philippines pursuant to an extradition
treaty. This is one of the instances where the Revised Penal Code may be given extra-
territorial application under Article 2 (5) thereof. In the case of crimes against the law of
nations, the offender can be prosecuted whenever he may be found because the crimes are
regarded as committed against humanity in general.

Almost all of these are crimes committed in times of war, except the following, which can be
committed in times of peace:

(1) Espionage, under Article 114 – This is also covered by Commonwealth Act No. 616
which punishes conspiracy to commit espionage. This may be committed both in times
of war and in times of peace.

(2) Inciting to War or Giving Motives for Reprisals, under Article 118 – This can be
committed even if the Philippines is not a participant. Exposing the Filipinos or their
properties because the offender performed an unauthorized act, like those who recruit
Filipinos to participate in the gulf war. If they involve themselves to the war, this crime is
committed. Relevant in the cases of Flor Contemplacion or Abner Afuang, the police
officer who stepped on a Singaporean flag.

(3) Violation of Neutrality, under Article 119 – The Philippines is not a party to a war but
there is a war going on. This may be committed in the light of the Middle East war.
Article 114. Treason

Elements

1. Offender is a Filipino or resident alien;

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

3. Offender either –

a. levies war against the government; or

b. adheres to the enemies, giving them aid or comfort within the Philippines or
elsewhere

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; and

4. Collaboration with foreign enemy or some foreign sovereign

Two ways of proving treason

1. Testimony of at least two witnesses to the same overt act; or

2. Confession of accused in open court.

Article 115. Conspiracy and Proposal to Commit Treason

Elements of 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 –

a. levy war against the government; or

b. adhere to the enemies, giving them aid or comfort;

3. They decide to commit it.

Elements of proposal to commit treason

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

2. At least one person decides to –

a. levy war against the government; or

b. adhere to the enemies, giving them aid or comfort;

3. He proposes its execution to some other persons.

Article 116. Misprision of Treason

Elements

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 or fiscal of the province in which he resides, or the mayor or fiscal of the city in
which he resides.

While in treason, even aliens can commit said crime because of the amendment to the article,
no such amendment was made in misprision of treason. Misprision of treason is a crime that
may be committed only by citizens of the Philippines.

The essence of the crime is that there are persons who conspire to commit treason and the
offender knew this and failed to make the necessary report to the government within the earliest
possible time. What is required is to report it as soon as possible. The criminal liability arises if
the treasonous activity was still at the conspiratorial stage. Because if the treason already
erupted into an overt act, the implication is that the government is already aware of it. There is
no need to report the same. This is a felony by omission although committed with dolo, not with
culpa.

The persons mentioned in Article 116 are not limited to mayor, fiscal or governor. Any person
in authority having equivalent jurisdiction, like a provincial commander, will already negate
criminal liability.

Whether the conspirators are parents or children, and the ones who learn the conspiracy is a
parent or child, they are required to report the same. The reason is that although blood is
thicker than water so to speak, when it comes to security of the state, blood relationship is
always subservient to national security. Article 20 does not apply here because the persons
found liable for this crime are not considered accessories; they are treated as principals.

In the 1994 bar examination, a problem was given with respect to misprision of treason. The
text of the provision simply refers to a conspiracy to overthrow the government. The examiner
failed to note that this crime can only be committed in times of war. The conspiracy adverted to
must be treasonous in character. In the problem given, it was rebellion. A conspiracy to
overthrow the government is a crime of rebellion because there is no war. Under the Revised
Penal Code, there is no crime of misprision of rebellion.

Article 117. Espionage

Acts punished

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;

Elements

1. Offender enters any of the places mentioned;

2. He has no authority therefore;

3. 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 paragraph 1 of Article 117, which he had in his possession by
reason of the public office he holds.

Elements

1. Offender is a public officer;

2. He has in his possession the articles, data or information referred to in paragraph

1 of Article 117, by reason of the public office he holds;
3. He discloses their contents to a representative of a foreign nation.

Commonwealth Act No. 616 – An Act to Punish Espionage and Other Offenses against
National Security

Acts punished

1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

2. Unlawful disclosing of information affecting national defense;

3. Disloyal acts or words in times of peace;

4. Disloyal acts or words in times of war;

5. Conspiracy to violate preceding sections; and

6. Harboring or concealing violators of law.

Article 118. Inciting to War or Giving Motives for Reprisals

Elements

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; or

b. exposure of Filipino citizens to reprisals on their persons or property.

Article 119. Violation of Neutrality

Elements

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 regulation.

When we say national security, it should be interpreted as including rebellion, sedition and
subversion. The Revised Penal Code does not treat rebellion, sedition and subversion as
crimes against national security, but more of crimes against public order because during the
time that the Penal Code was enacted, rebellion was carried out only with bolos and spears;
hence, national security was not really threatened. Now, the threat of rebellion or internal wars
is serious as a national threat.

Article 120. Correspondence with Hostile Country

Elements

1. It is in time of 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; or

c. containing notice or information which might be useful to the enemy.

Article 121. Flight to Enemy's Country

Elements

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 go to enemy country;

4. Going to the enemy country is prohibited by competent authority.

In crimes against the law of nations, the offenders can be prosecuted anywhere in the world
because these crimes are considered as against humanity in general, like piracy and mutiny.
Crimes against national security can be tried only in the Philippines, as there is a need to bring
the offender here before he can be made to suffer the consequences of the law. The acts
against national security may be committed abroad and still be punishable under our law, but it
can not be tried under foreign law.

Article 122. Piracy in general and Mutiny on the High Seas or in Philippine Waters

Acts punished as piracy

1. Attacking or seizing a vessel on the high seas or in Philippine waters;

2. 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 piracy

1. The vessel is on the high seas or Philippine waters;

2. Offenders are neither members of its complement nor passengers of the vessel;

3. Offenders either –

a. attack or seize a vessel on the high seas or in Philippine waters; or

b. seize 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;

4. There is intent to gain.

Originally, the crimes of piracy and mutiny can only be committed in the high seas, that is,
outside Philippine territorial waters. But in August 1974, Presidential Decree No. 532 (The Anti-
Piracy and Anti-Highway Robbery Law of 1974) was issued, punishing piracy, but not mutiny, in
Philippine territorial waters. Thus came about two kinds of piracy: (1) that which is punished
under the Revised Penal Code if committed in the high seas; and (2) that which is punished
under Presidential Decree No. 532 if committed in Philippine territorial waters.

Amending Article 122, Republic Act No. 7659 included therein piracy in Philippine waters, thus,
pro tanto superseding Presidential Decree No. 532. As amended, the article now punishes
piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters,
and the penalty has been increased to reclusion perpetua from reclusion temporal.

But while under Presidential Decree No. 532, piracy in Philippine waters could be committed by
any person, including a passenger or member of the complement of a vessel, under the
amended article, piracy can only be committed by a person who is not a passenger nor member
of the complement of the vessel irrespective of venue. So if a passenger or complement of the
vessel commits acts of robbery in the high seas, the crime is robbery, not piracy.

Note, however, that in Section 4 of Presidential Decree No. 532, the act of aiding pirates or
abetting piracy is penalized as a crime distinct from piracy. Said section penalizes any person
who knowingly and in any manner aids or protects pirates, such as giving them information
about the movement of the police or other peace officers of the government, or acquires or
receives property taken by such pirates, or in any manner derives any benefit therefrom; or who
directly or indirectly abets the commission of piracy. Also, it is expressly provided in the same
section that the offender shall be considered as an accomplice of the principal offenders and
punished in accordance with the Revised Penal Code. This provision of Presidential Decree
No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised
Penal Code. Neither may it be considered repealed by Republic Act No. 7659 since there is
nothing in the amendatory law is inconsistent with said section. Apparently, there is still the
crime of abetting piracy in Philippine waters under Presidential Decree No. 532.

Considering that the essence of piracy is one of robbery, any taking in a vessel with force upon
things or with violence or intimidation against person is employed will always be piracy. It
cannot co-exist with the crime of robbery. Robbery, therefore, cannot be committed on board a
vessel. But if the taking is without violence or intimidation on persons of force upon things, the
crime of piracy cannot be committed, but only theft.