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)
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)
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 only proceed 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 extraterritorial application under Article 2 (5) thereof.
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.

Almost all of these are crimes committed in times of war, except the following, which can be
committed in times of peace:
 Espionage, under art. 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.
 Inciting to War or Giving Motives for Reprisals, under art. 118 – this can be committed even if
the Philippines is a participant.
 Violation of Neutrality, under art. 119 – the Philippines is not a party to war but there is war
going on This may be committed in the light of the Middle East war.
TREASON
Elements:
1. The offender is a Filipino or a resident alien:
2. There is war in which the Philippines is involved;
3. Offender either:
a. Levies war against the government; or
b. Adheres to enemies, giving them aid or comfort within the Philippines or elsewhere.
Adherence to the enemy - - means intent to betray. There is adherence to the enemy when a citizen
intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his
country’s policy or interest.
The phrase “aid or comfort” means an act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitor’s country and an act which weakens or tends to weaken the
traitor’s country to resist or attack the enemy.
 Adherence alone without giving the enemy aid or comfort does not constitute treason.
 Emotional or intellectual attachment or sympathy to the enemy alone is not treason.
 The aid and comfort must be given to the enemy by some kind of action. It must be a deed or
physical activity, not merely a mental operation. It must be an act that has passed from the
realm of thought into the realm of action.
 The expression includes such acts as furnishing the enemy with arms troops, supplies,
information or means of transportation.
 The act need not actually strengthen the enemy.
 Commandeering of women to satisfy the lust of the enemy is not treason.
 Mere governmental work during the Japanese regime is not an act of treason.
 The aid or comfort given to the enemies must be after the declaration of war. The enemies must
be subject of a foreign power.
 Treason by a Filipino citizen can be committed outside the Philippines but treason by a resident
alien must be committed in the Philippines.
 Treason is a continuous offense.
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;
2. Confession of accused in open court.
CONSPIRACY AND PROPOSAL TO COMMIT TREASON:
Elements of conspiracy to commit treason:
1. There is 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 decided 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.
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 Treason can be committed even by aliens, 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.
The criminal liability arises if the treasonous activity is 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 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.
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:
a. Offender enters any of the places mentioned;
b. He has no authority therefore;
c. 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:
a. Offender is a public officer;
b. He has in his possession the articles, data or information referred to in paragraph 1 Article
117, by reason of the public office he holds;
c. He discloses their contents to a representative of a foreign nation.
 Other acts of Espionage punished by Com. Act no. 616:
 Unlawfully obtaining or permitting to be obtained information affecting national defense. (sec. 1)
 Unlawful disclosing of information affecting national defense. (sec. 2)
 Disloyal acts or words in time of peace. (sec. 3)
 Disloyal acts or words in time of war. (sec. 4)
 Conspiracy to violate preceding sections (sec. 5)
 Harboring or concealing violators of the law. (sec. 6)

Espionage distinguished from treason:

Espionage is a crime not conditioned by the citizenship of the offender. This is also true as regards
treason, in view of the amendment to art. 114.
Treason is committed only in time of war, while espionage may be committed both in time of peace
and in time of war. Treason is limited in two ways of committing the crime: levying war and adhering
to the enemy giving him aid or comfort, while espionage may be committed in may ways.

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
(retaliation, revenge, acts of vengeance) on their persons or property.
Examples:
Public destruction of flag or seal of a foreign state or the public manifestation of hostility to the head
or ambassador of another state.
To be liable for inciting to war or giving motives for reprisals, the intention of the accused is
immaterial. The law considers the effects produced by the acts of the accused. Such act might disturb
the friendly relation that we have with a foreign country and they are penalized even if they
constitute a mere imprudence.
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.
A nation or power which takes no part in a contest of arms going on between others is referred to as
neutral.
There must be regulation issued by competent authority for enforcement of neutrality. It is the
violation of such regulation which constitutes the crime.
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 (code, secret message or symbols) or conventional signs; or
c. containing notice or information which might be useful to the enemy.

 Correspondence is communication by means of letters, or it may refer to the letters which pass
between those who have friendly or business relations.
 Even if correspondence contains innocent matter, if the correspondence has been prohibited by
the Government, it is punishable.
 Circumstances that will qualify the offense:
 The following must concur: That the notice or information might be useful to the enemy and
that the offender intended to aid the enemy.
 Note that if the offender intended to aid the enemy by giving such notice or information, the
crime amounts to treason, hence the penalty is the same as that for treason.
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 the enemy country;
4. Going to the enemy country is prohibited by competent authority.
An alien resident may be guilty of flight to enemy country.
Mere attempt to flee or go to enemy country consummates the crime.
If fleeing or going to enemy country is not prohibited by competent authority, the crime defined
under article 121 is not committed.
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 cannot be tried under foreign law.
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;
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.
But while under P.D. 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 a 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.
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 or force upon things, the crime of piracy cannot
be committed, but only theft.
Elements of mutiny:
1. The vessel is on the high seas or Philippine waters;
2. Offenders are either members of its complement, or passengers of the vessel;
3. Offenders either-
a. attack or seize a vessel;
b. seize the whole or part of the cargo, its equipment or personal belongings of the crew or
passengers.

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

When any of the mentioned crimes accompany piracy, there is no complex crime. Instead, there is
only one crime committed – qualified piracy. Murder, homicide, physical injuries and rape are mere
circumstances qualifying piracy and cannot be punished as separate crimes, nor can they be
complexed with piracy.

Although Art. 123 merely refers to qualified piracy, there is also the crime of Qualified Mutiny.

Mutiny is qualified under the following circumstances:

a. whenever the offenders have abandoned their

victims without means of saving themselves;
b. whenever the mutiny is accompanied by murder,
homicide, physical injuries or rape.

Note that the first circumstance which qualifies piracy

does not apply to mutiny.
REPUBLIC ACT NO. 6235 (THE ANTI HI-JACKING LAW)
Anti hi-jacking is another kind of piracy which is committed in an aircraft.
Four situations governed by the anti hi-jacking law:
1. usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the
pilots thereof to change the course or destination of the aircraft;
2. usurping or seizing control f an aircraft of foreign registry while within the Philippine territory,
compelling the pilots thereof to land in any part of 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 substance; and
4. loading, shipping or transporting on board a cargo aircraft operating as a public utility in the
Philippines, any flammable, corrosive, explosive or
poisonous substance if this was done not in accordance with the
rules and regulations set and promulgated by the Air
Transportation Office on this matter.

The important thing in number 1 is that before the anti hi-jacking law can apply, the aircraft must be
in flight. If not in flight, whatever crimes committed shall be governed by the Revised Penal Code.

In number 2, if the aircraft is of foreign registry, the law does require that it be in flight. This is
because aircrafts of foreign registry are considered in transit while they are in foreign countries.

Note that under this law, an aircraft is considered in flight from the moment all the external doors are
closed following embarkation until such time when the same doors are again opened for
disembarkation.

As to numbers 3 and 4, the distinction is whether the aircraft is a passenger aircraft or a cargo aircraft.
In both cases, however, the law applies only to a public utility aircraft in the Philippines. Private
aircrafts are not subject to the anti hi-jacking law, in so far as transporting prohibited substances are
concerned.
Under Section 7 of the said law, any physical injury or damage to property, which would result from
the carrying or loading of the flammable, corrosive, explosive or poisonous substance in an aircraft,
the offender shall be prosecuted not only for violation of R.A. No. 6235, but also for the crime of
physical injuries or damage to property, as the case may be under the Revised Penal Code.
If the explosives were planted in the aircraft to blow up the same, the circumstance will qualify
the penalty and the resulting death is not punishable as a separate crime of murder under the anti hi-
jacking law.
All other acts outside of the four mentioned are merely qualifying circumstances and would
bring about higher penalty. Such acts would not constitute another crime.