Lecture 1
Ø Adheres to enemies, giving them aid or
CRIMES AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
Crimes Against National Security
 Treason (Art. 114)
 Conspiracy and Proposal to Commit Treason (Art. 115)
 Misprision of treason Art. 116)
 Espionage (Art. 117)
Crimes Against the Law of Nations
 Inciting to War or Giving Motives for Reprisals (Art.
118)
 Violation of Neutrality (Art. 119)
 Corresponding with Hostile Country (Art. 120)
 Flight to Enemy's Country (Art. 121)
 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 Russia vs
Ukraine war.
TREASON: a war crime and CANNOT be committed
during a time of peace.
 Offender: Filipino or a resident alien (a breach of
allegiance)
 There is war, the Philippines is involved
 Offender either:
Ø Levies war against the government; or
comfort (tends to strengthen the enemy in
the conduct of war)
Requirements of Levying War:
 Actual assembling of men (actual arm encounter is not
necessary)
 To execute a treasonable design by force
 Intent is to deliver the country in whole or in part to
the enemy
 Collaboration with foreign enemy or some foreign
sovereign.
Two ways of proving treason:
 Testimony of at least two witnesses to the same overt
act (corroborative testimony to the perpetration of the
same treasonous act);
 Confession of accused in open court.
Aggravating circumstance: Cruelty and Ignominy
Treason cannot be committed in time of peace because it implies
the absence of traitors or enemies. However, treasonable acts can
actually be perpetrated in time of peace but there are no traitors
since a war has not started.
CASE: of Laurel v. Misa (77 Phi. 865)
Justice Perfecto wrote in his separate opinion that “Treason is a
war crime. It is not an all-time offense. It cannot be committed in
peace time. While there is peace, there are no traitors. Treason
may be incubated when peace reigns. Treasonable acts may
actually be perpetrated during peace, but there are no traitors
until war has started.
As treason is basically a war crime, it is punished by the state as a
measure of self-defense and self-preservation. The law of treason
is an emergency measure. It remains dormant until the emergency
arises. But as soon as war starts, it is relentlessly put into effect.
Treason with Murder under Art. 48:
In the case of People vs. Prieto, (January 29, 1948) the Supreme
Court explained that treason cannot be complexed with the crime
of murder, to quote:
“…in the nature of things, the giving of aid and comfort can only
be accomplished by some kind of action. Its very nature partakes
of a deed or physical activity as opposed to a mental operation.
This deed or physical activity may be, and often is, in itself a
criminal offense under another penal statute or provision. Even so,
when the deed is charged as an element of treason it becomes
identified with the latter crime and cannot be the subject of a
separate punishment, or used in combination with treason to
increase the penalty as article 48 of the Revised Penal Code
provides.”[
CONSPIRACY AND PROPOSAL TO COMMIT
TREASON:

Elements of CONSPIRACY to commit treason:
 There is war. The Philippines is involved;
 At least two persons come to an agreement to -
o Levy war against the government; or
o Adhere to the enemies, giving them aid or
comfort;
 They decided to commit it.
Elements of PROPOSAL to commit treason:
 There is a war. The Philippines is involved;
 At least one person decides to -
o Levy war against the government; or
o Adhere to the enemies, giving them aid or
comfort;
 He proposes its execution to some other persons.
MISPRISION OF TREASON:
Elements:
 Offender:
o owes allegiance to the government
o not a foreigner
 Knowledge of conspiracy to commit treason against
the government.
 He conceals the same from the authorities.
ESPIONAGE - Espionage is the offense of gathering,
transmitting, or losing information respecting the national
defense with the intent or reason to believe that the
information is to be used to the injury of the Philippines or the
advantage of any foreign nation. It is not conditioned on
citizenship.
Acts Punished:
First act punishable:
 Offender enters any of the following places: a warship,
fort or naval or military establishment or reservation
 He has no authority therefor.
 His purpose: to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
Second act punishable:
 Offender is a public officer;
 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;
 He discloses their contents to a representative of a
foreign nation.
It must be observed that the offender must have the intention or
purpose to obtain information relative to the Philippines’ defense.
Nevertheless, if the accused has no such intention, even if he
enters a warship, fort or naval or military establishment, Art. 117,
par. 1 does not apply. Hence, he is not liable for the crime of
espionage. Under par. 1, the offender is any person.
In fine, the crime of espionage is not conditioned by the
citizenship of the offender. Par. 2 of the same provision,
however, states that to establish a person’s culpability under
espionage, it is a  sine qua non  requirement that the offender must
be a public officer who has in his possession the articles, data or
information by reason of the public he holds and discloses their
contents to a representative of a foreign nation. Furthermore, an
offender being a public officer or employee, the penalty next
higher in degree shall be imposed.
With it being a crime against national security
is espionage then committed in times of war or in times of
peace?
The answer is either. Espionage can be committed in times of war
or in times of peace. Crimes against national security are
generally committed in times of war except for espionage and
misprision of treason which can be committed in both situations.
Jurisprudence on Espionage
Espionage was included in the discussion in the 1946 case of Go
Tian Sek Santos v. Eriberto Misa (March 28, 1946). In this case,
the Supreme Court ruled that espionage is a crime not conditioned
by the citizenship of the offender.
Solicitor-General had admitted that Go Tian Sek Santos for active
collaboration with the Japanese. Meanwhile, petitioner avers that
he is a Chinese citizen. He claims that his detention is illegal and
he must not be confined under Commonwealth Act. No. 682 as he
did not owe allegiance either to the United States or to the
Commonwealth of the Philippines.
The Supreme Court has repeatedly ruled that petitioner’s foreign
status does not exclude him  ipso facto  from the scope of the above
provisions. As stated by the Solicitor-General, he might be
prosecuted for espionage, (Commonwealth Act No. 616) a crime
not conditioned by the citizenship of the offender and
considered as an offense against national security.
What is espionage under Commonwealth Act No. 616
Commonwealth Act No. 616 expanded and broadened the acts of
espionage. Thus, under CA 616, the following are acts of
espionage:
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.
6. Harboring or concealing violators of the law.
INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
Elements:
 Offender performs unlawful or unauthorized acts;
 The acts provoke or give occasion for –
 o a war involving or liable to involve the
Philippines; or
o exposure of Filipino citizens to reprisals
(retaliation, revenge, acts of vengeance) on
their persons or property.
VIOLATION OF NEUTRALITY
Elements:
 There is a war. Philippines is not involved;
 A regulation issued enforcing neutrality;
 Offender violates the regulation.
CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
 There is war. Philippines is involved.
 Offender makes correspondence with an enemy country
or territory occupied by enemy troops.
 The correspondence is either –
o prohibited by the government;
o carried on in ciphers or conventional signs;
or
o containing notice or information which
might be useful to the enemy.
FLIGHT TO ENEMY'S COUNTRY
Elements:
 There is a war. Philippines is involved.
 Offender must be owing allegiance to the
government.
 Offender attempts to flee or go to the enemy
country.
 Going to the enemy country is prohibited by
competent authority.
PIRACY AND MUTINY
PIRACY
In the case of People v. Lollo G.R. No. L17958
[February 27 1922] 43 PHIL 1927
Piracy is defined as robbery or forcible depredation on the
high seas, without lawful authority and done animo
furandi and in the spirit and intention of universal hostility .
It is a crime not against any particular State but against all
mankind. It may be punished in the competent tribunal of
any country where the offender may be found or into which
he may be carried. The jurisdiction of piracy unlike all other
crime has no territorial limits.
Acts punished as piracy:
Ø Attacking or seizing a vessel on the high seas or in
Philippine waters;
Ø 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.
What is piracy under P.D. No. 532?
Under this law, Piracy is committed when the offender attacked or
seized the vessel or a part of the shipment. The personal
belongings of the passengers, irrespective of its value. The
criminal act is executed by means of force and violence, whether
the offender may be a part of the crew or a stranger to the
vessel, is on the Philippine waters, and is ruled under PD 532. 
On the other hand, if the vessel is on the high seas, Art. 122 of the
RPC shall apply.
Distinguish Piracy under the Revised Penal Code Art 122
and with P.D. No. 532
Ø The vessel where it is located.
Under the RPC, the vessel is in the Philippine waters or high
seas.
In PD No. 532, the vessel must be in the Philippine waters.
Ø Who perpetrated the crime or the offenders?
Under the RPC, the offender is any person who seizes the
vessel or any person who seizes the cargo, equipment, or
personal belongings, and who is not a crew member or
complement.
In PD No. 532, the offender is any person.
Ø When it comes to penalties.
Under the RPC, the penalty for a simple piracy is reclusion
perpetua.
Under PD No. 532, the penalty is reclusion temporal, except
when physical injuries or other crimes are committed, in this
case, it is penalized by reclusion perpetua. 
Similarities of Piracy under the Revised Penal Code Art 122
and with P.D. No. 532
Piracy for both is committed by means of attacking or seizing the
vessel, or takes away the whole part thereof or its cargo,
equipment, or the personal belongings of its complements or
passengers.
The penalty for Qualified Piracy under the RPC and PD No. 532 is
the same: Reclusion perpetua.
QUALIFIED PIRACY
Elements:
 The vessel is on the high seas or Philippine waters;
 Offenders may or may not be members of its
complement, or passengers of the vessel;
 Offenders either –
o attack or seize a vessel;
 o seize the whole or part of the cargo, its
equipment or personal belongings of the
crew or passengers.
 The preceding were committed under any of the ff.
circumstances:
o whenever they have seized a vessel by
boarding or firing upon the same;
o whenever the pirates have abandoned their
victims without means of saving
themselves;
o whenever the crime is accompanied by
murder, homicide, physical injuries or
rape.
In Paragraph 3, it mentions the accompaniment of the crime of
murder, homicide, physical injuries, or rape.
Will the crimes specifically mentioned in the provision of the
article be separated from the crime of Qualified Piracy? In the
situation that multiple counts of the listed crimes were
committed will it matter to the gravamen of the offense?
These questions were answered by the Supreme Court in the case
of People of the Philippines vs. Siyoh, et al G.  R. No. L-57292
February 18, 1986 where it ruled as follows:
“But the number of persons killed on the occasion of piracy is not
material. P.D. No. 532 considers qualified piracy, i.e. rape,
murder or homicide is committed as a result or on the occasion of
piracy, as a special complex crime  punishable by death
regardless of the number of victims.”
The crimes mentioned in the qualifying circumstances are not
treated as separate crimes but are only qualifiers for the crime of
qualified piracy.  Qualified Piracy is a special complex crime
which was punishable of Reclusion Temporal to Death regardless
of the number of victims of murder, homicide, physical injuries, or
rape.
Is there Qualified Piracy under P.D. No. 532?
Qualified Piracy applies to both the Piracy mentioned in the
Article 122 and P.D. No. 532. Should the crime of piracy be
committed with at least one of the above-mentioned circumstances
it would be considered as Qualified Piracy.
However, the provision under P.D. No. 532 where it includes
passenger and members of the crew as possible offenders of the
crime piracy conflicts with the first provision of qualifying
circumstances.  Paragraph 1 states that, “Whenever they have
seized a vessel by boarding or firing upon the same.” Considering
that under P.D. No. 532 the offenders are already boarded or are
insiders of the vessel being pirated this shall not merit to qualified
piracy but is only a simple piracy under P.D. No. 532.
Abetting the Commission of Piracy
(Abetting -- to actively second and encourage (something, such
as an activity or plan) abet the commission of a crime. : to assist
or support (someone) in the achievement of a purpose.) 
Under P.D. No. 532 (section 4), “Any person who directly or
indirectly abets the commission of piracy, shall be considered as
an accomplice of the principal offenders and be punished in
accordance with the Rules prescribed by the Revised Penal Code.”
High Seas or Philippine Waters? Does the Venue of the
Crime Matter?
Often mentioned in the above stated provisions is the word
Philippine waters. What bodies of water are considered to be part
Philippine waters? Defined in P.D. No. 532:
Philippine waters shall 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 Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves, and other
submarine areas over which the Philippines has sovereignty or
jurisdiction.
 Mentioned also is the term high seas, how can we
differentiate it with the Philippine waters?  High seas
are those which are beyond the jurisdiction of any
country. As elucidated in the Geneva Convention on
the High Seas 1958, High seas are all parts of the sea
that are not included in the territorial sea or in the
internal waters of a state.
Applying the said definition, shall A commit the crime of qualified
piracy in the Exclusive Economic Zone or (EEZ), it shall not be
in relation to P.D. No. 532 but to the Article 122 of the RPC
considering that EEZ is outside of the Philippine Waters.
However, if A, a passenger of the vessel looted and stole the
cargo of the vessel he is boarded into while it is in the high seas,
he is not criminally liable for the crime of piracy but for the crime
of robbery since the Article 122 of the RPC clearly states that the
offenders shall not be a member of its complement nor a
passenger.
Territorial Principle:
Territoriality covers either the place of the commission of the
criminal act OR the place of the occurrence of the effect of such
act (which should be an element of the crime)
Territorial waters – 12 nautical miles from the archipelagic
baseline over which the Philippines exercises jurisdiction.
Merchant vessels passing through territorial waters are subject
to Philippine jurisdiction if:
1. The consequences of the crime extend to the
Philippines;
2. The crime is of a kind to disturb the peace of the
Philippines or the good order of the territorial sea
thereof;
3. The assistance of the local authorities has been
requested by. The master of the ship or by a
diplomatic agent or consular officer of the flag state;
 4. If such measures are necessary for the suppression
of illicit traffic of drugs or psychotropic substances
(section2, article 27 of the Convention of the Law of
the Sea)
Spratly Islands – islands in the South China Sea – the ownership
of which is being disputed by the Philippines, Taiwan, Malaysia,
Brunei and China – we have no jurisdiction over crimes committed
by the Filipinos there.
Kalayaan Islands (Scarborough Shoal) – it became res nullius
when Japan after its occupation during WW II renounced
sovereignty over it through the Treaty of Peace. Tomas Cloma
who discovered the uninhabited island ceded his right in favor of
the Philippines. The Philippines asserted ownership over the
island by establishing the Municipality of Kalayaan in 1978
(elections are regularly held there). We have jurisdiction over
crimes committed therein because of the Baseline Law (RA 9522).
200 miles exclusive economic zone – NO SOVEREIGNTY – only
sovereign right to fish and to exploit the natural resources in the
zone (Convention on the law of the sea)
Note: sovereign right is not equivalent to sovereignty. Under the
Convention of the Law of the Sea foreign states have freedom of
navigation and overflight over our exclusive economic zone.
(freedom of navigation and overflight cannot be exercised where a
state has sovereignty)
Within the 200 miles exclusive economic zone, we have limited
sovereignty involving fiscal, custom, immigration, health and
safety and the right of coastal state. Eg. Section 3 of Fisheries
Code RA 8550 may be enforced within 200 mile economic zone.
Murders of Filipinos committed there must be justified by flag
state rule or passive personality principle (a principle that allows
states in limited cases to claim jurisdiction to try foreign nationals
for offenses committed abroad that affects its own nationals)
Jurisdiction Over Piracy Cases
Criminal Laws are territorial in nature hence the venue of the
commission of the crime matters in determining which court shall
have jurisdiction of the criminal case.  However, Piracy cases are
deviant to the territorial principle of criminal law.
Pirates are in law hostes humani generis which means enemy to
mankind.  This nature of piracy leads to its deviance to
the territoriality principle of penal laws.
Piracy is a crime not against any particular state but against all
mankind. It may be punished in the competent tribunal of any
country where the offender may be found or into which he may be
carried. The jurisdiction of piracy unlike all other crimes has no
territorial limits.
Piracy is a Crime against Law of Nation. Based in the nature of
this crime, the people indicted with the crimes of Piracy in the
High seas can be tried and punished under International Law or
under the laws of the particular nation where the pirates had been
captured. In cases where Piracy happened inside Philippine
Waters, jurisdiction is within the purview of the Philippine Courts.
Jurisdiction for Crimes against Piracy were discussed in the
below cases:
In People of the Philippine Islands vs. Lol-Lo and Saraw:
“ The jurisdiction of piracy unlike all other crimes has no
territorial limits. As it is against all so may it be punished by all.
Nor does it matter that the crime was committed within the
jurisdictional 3-mile limit of a foreign state, “for those limits,
though neutral to war, are not neutral to crimes.” (U.S. vs.
Furlong [1820], 5 Wheat., 184.)” 
In People of the Philippines vs. Roger P. Tulin (August 30
2001):
“ As regards the contention that the trial court did not acquire
jurisdiction over the person of accused-appellant Hiong since the
crime was committed outside Philippine waters, suffice it to state
that unquestionably, the attack on and seizure of “M/T Tabangao”
(renamed “M/T Galilee” by the pirates) and its cargo were
committed in Philippine waters, although the captive vessel was
later brought by the pirates to Singapore where its cargo was off-
loaded, transferred, and sold. And such transfer was done under
accused-appellant Hiong’s direct supervision. Although
Presidential Decree No. 532 requires that the attack and seizure of
the vessel and its cargo be committed in Philippine waters, the
disposition by the pirates of the vessel and its cargo is still
deemed part of the act of piracy, hence, the same need not be
committed in Philippine waters.”
Can a member of the complement or passenger commit a
crime of robbery inside a vessel?
This is dependent as to where the vessel is currently located when
the offense was committed. If the attack or the seizing of the vessel
or its cargos happened in the high seas and was committed by the
members of the vessel’s complement or passengers, the offense
committed would then be theft or robbery which is cognizable in
the Philippine courts should the crime be committed inside a
Philippine Ship, pursuant to paragraph 1 Article 2 of the Revised
Penal Code.
Can a member of the complement or passenger commit a
crime of piracy inside the vessel?
In relation to the preceding paragraph, the answer, as well,
depends on the location of the vessel when the offense was
committed. The general rule, as one of the elements of Piracy, is
that the offenders are strangers and must not be members of the
complement or passenger of the vessel.
Yet, with the promulgation of PD No. 532, it provides that the
offense of Piracy can be committed by any person, including the
vessel’s complement or passengers. Nonetheless, the ultimate
element, so that even a member of the complement or passenger
can perpetrate the felony of piracy, should be that the vessel is
within Philippine waters.
 Ø Section 2.Definition of Terms. The following terms
shall mean and be understood, as follows:  In Piracy, the act is done with animo furandi to steal
                   x x x x . . . .
1. Piracy. Any attack upon or seizure of any vessel,
or the taking away of the whole or part thereof or
its cargo, equipment, or the personal belongings
of its complement or passengers, irrespective of
the value thereof, by means of violence against or
intimidation of persons or force upon things,
committed by any person, including a passenger
or member of the complement of said vessel, in
Philippine waters, shall be considered as piracy.
The offenders shall be considered as pirates and
punished as hereinafter provided.
Therefore, any complement or passenger who attacks or seizes the
vessel or seizes the whole or part of the cargo on where they are in,
as well as its equipment or personal belonging of the other crews
or passenger, will be held liable for the crime of Piracy not under
Article 122 of the Revised Penal Code but of PD 532, if the same
transpired within Philippine Waters.
MUTINY
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.
Elements of mutiny:
 The vessel is on the high seas or Philippine waters;
 Offenders: either members of its complement or
passengers of the vessel;
 Offenders either:
o attack or seize a vessel;
o seize the whole or part of the cargo, its
equipment or personal belongings of the
crew or passengers.
Distinguish Piracy from Mutiny
Piracy and Mutiny though provided in the same article of the
Revised Penal Code, the two concepts are distinct from each other.
The following are the distinction between Piracy and Mutiny:
 With regard to the perpetrators/offenders;
In Piracy, offenders are generally strangers to the
vessels, hence these offenders are neither passengers
nor crew members, with the exception of Piracy as
defined under PD 532 wherein it can be committed by
any persons including the vessel’s complement or the
passengers of the vessel only if the offense was
committed inside Philippine Waters.
While for Mutiny, the offenders are members of the
complement or the passenger of the vessel.
 With regard to the purpose;
or an intent to gain in the spirit of universal hostility.
In Mutiny, the purpose is against the authority of the
ship and the offenders only intend to ignore the
authority of the ship’s officer.
We have Article 122 of the Revised Penal Code, which provides
for the crime of piracy in general, and Presidential Decree No.
532, which includes passengers and members of the vessel as
possible offenders of the crime of piracy, and Article 123 of the
Revised Penal Code, which provides qualifying circumstances for
qualifies piracy.
As a summary to which law shall govern, we must look into the
following:
1. If all the elements of piracy are present and it
happens EITHER in the Philippine waters or
in the High Seas, commenced by offenders NOT
part or member of the vessel nor a passenger of
the same, and there are no qualifying
circumstances as indicated in the Article 123 of
the RPC the law which shall apply is the Article
122 of the Revised Penal Code.
2. If all the elements of piracy are present and it
happens in the Philippine waters ONLY and the
offenders are part of the vessel or a passenger of
the same, and there are NO qualifying
circumstances as above indicated in the Article
123 of the RPC the law which shall apply is the
Presidential Decree No. 532.
3. If all the elements of piracy are present and it
happens either in the Philippine waters or in
the High Seas, commenced by offenders which
are NOT members of the vessel nor a
passenger, and there is at least one of the
qualifying circumstances as above indicated they
are liable for Qualified Piracy under Article 123
of the RPC in relation to Article 122.
4. If all the elements of piracy are present and it
happens only in the Philippine waters,
commenced by offenders which are members of
the vessel or a passenger, and there is at least
one of the qualifying circumstances as above
indicated they are liable for Qualified Piracy
under Article 123 of the RPC in relation to
Presidential Decree No. 532.