CRIMINAL LAW 2

TRANSCRIPTION

In the Revised Penal Code, we are in the crimes Mala in Se, crimes which are inherently evil.

In the Philippines, we are following the Classical Theory.

Classical Theory entails that the penalty for a certain crime is in proportion to the crime
committed. Although in later legislation, we are already gearing towards Positivist Theory.

Positivist Theory promotes rehabilitation. Rehabilitation in the concept of revitalizing the

usefulness of man. Ex. The passing of the Juvenile Justice Law, increasing the age of teenage
delinquents.

The second set of crime is Mala Prohibita, these are in special laws. Generally, provisions of the
RPC are not applicable in special laws. However, there may be instances where it can be
applied. The law provides that when the law uses the language of the Revised Penal Code like
the use of the terms arresto mayor, prision correccional. When such terms are used in special
laws, you have to apply the rules of the RPC.

Book II of the Revised Penal Code talks about the type of crimes. It introduces the elements of
the crime. If one or all of the elements is lacking, it is not the kind of crime.

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Art. 114. Treason

Any person who, owing allegiance to (the United States or) the Government of the Philippine
Islands, not being 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 reclusion
temporal to death and shall pay a fine not to exceed P20,000 pesos.

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.

Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined
in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine
not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945).

If you look at the law on treason, it is of American origin. So some of the provisions in the law
of Treason comes from American Jurisprudence.

The crime of Treason was mostly experienced during the Japanese occupation.

Treason can be committed by a Filipino and a foreigner.

If you are a Filipino, whether you are in the Philippines or abroad, you are liable for treason.
If you are a foreigner, you should be in the Philippines to commit treason.

Transcribed by: Eunice L. Ambrocio

 CRIMINAL LAW 2
TRANSCRIPTION

Why is there a difference? It is because of the principle of territoriality.

And in civil law, there is also the concept of local law or municipal law. That is why if you are a
foreigner, you cannot be subjected to our laws if you are not in the Philippines.

If you are a Filipino, even if you are abroad, you are still subjected to our laws because you are
a citizen.

In criminal law, you can be subjected to our laws, even if aboard is when you commit a crime
against national security and treason is one of them.

In a case where you are abroad, and you get married there, even if you are already married in
the Philippines, you cannot be charged with bigamy because you are outside the Philippines.
And bigamy is not a crime against national security.

In treason, the offender’s enemy is the government.

TWO WAYS OF COMMITTING TREASON

1. Levy war – war means a physical war involving arms.
a. There must be an actual assembly of men
b. There must be adherence to the concept by force, to help the enemy.

If you are a Filipino, you are obliged to maintain allegiance to the Republic of the
Philippines.

If you levy war against the government, to help the enemy

2. a

Transcribed by: Eunice L. Ambrocio