CRIMES AGAINST NATIONAL

SECURITY AND LAW OF

NATIONS

(CRIMINAL LAW II- BOOK II)

Prepared by: Pearla Mae Angela P. Agmata, JD.
 CRIMES AGAINST NATIONAL
SECURITY AND LAW OF NATIONS
Crimes Against National Security Law Of Nations
•
• Treason • Piracy and Mutiny
• Conspiracy • Qualified Piracy
• Misprision of treason
• Espionage
• Inciting to war or giving motives for
reprisals
• Violation of Neutrality
• Correspondence with hostile country
• Flight to enemy’s country
• Crimes against National Security and the Law of Nations are exceptions to the
principle of territoriality under Art. 2, par. 5 of the RPC (the crimes can be
prosecuted even if the criminal act(s) were committed outside the PH territorial
jurisdiction) However, the prosecution can proceed only if the offender is within
Philippine territory or brought to the PH pursuant to an extradition treaty.

General Rule: All crimes against national security can only be

committed in times of war.
XPN:
1. Espionage
2. Inciting to war or giving motives for reprisal
3. Violation of Neutrality
4. Mutiny and piracy (Boado, 2008).
TREASON
• Any Filipino citizen who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort within the Philippines or elsewhere, shall be
punished by reclusión perpetua to death and shall pay a fine not to exceed
P4,000,000.

• No person shall be convicted of treason unless on the testimony of 2 witnesses at

least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as
defined in paragraph 1 of this article shall be punished by reclusión temporal to
death and shall pay a fine not to exceed P4,000,000. (Article 114, Revised Penal
Code, as amended by Republic Act No. 10951)
TREASON
• Treason is a breach of allegiance to a government, committed by a person who owes
allegiance to it.
• Allegiance is the obligation of fidelity and obedience which the individuals owe to the
government under which they live or to their sovereign, in return for the protection they
receive.
• NOTE: Treason cannot be committed in times of peace.
Commission of treason outside the Philippines
Treason can be committed:
a. If the offender is a Filipino citizen, he can commit this crime even if he is outside the
Philippines; or
b. Treason by an alien must be committed in the Philippines (EO 44) except in case of
conspiracy.
TREASON
a. Elements
i. That the offender is a Filipino citizen or alien residing in the Philippines;
ii. That there is a war in which the Philippines is involved;
iii. That the offender either:
(1) Levies war against the Government, or
(2) Adheres to the enemies, giving them aid or comfort. (Reyes, Revised Penal Code
Book 2, 2012 edition, p. 2)
CONSPIRACY
• The conspiracy or proposal to commit the crime of treason shall be
punished respectively, by prisión mayor and a fine not exceeding
P2,000,000, and prisión correccional and a fine not exceeding
P1,000,000. (Article 114, Revised Penal Code, as amended by Republic
Act No. 10951)
CONSPIRACY
Elements of conspiracy to commit treason
1. In times of war;
2. Two or more persons come to an agreement to:
a. Levy war against the government, or
b. Adhere to enemies and to give them aid or comfort; and
3. They decide to commit it.
Elements of proposal to commit treason
1. In times of war;
2. A person who has decided to levy war against the government, or to adhere to the
enemies and give them aid and comfort; and
3. Proposes its execution to some other person or persons.
MISPRISION OF TREASON
• Every person owing allegiance to the Government of the Republic of the
Philippines, without being a foreigner, and having knowledge of any
conspiracy against them, 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.
(Article 116, Revised Penal Code, as amended by Republic Act No.
10951)
MISPRISION OF TREASON
a. Elements
i. That the offender must be owing allegiance to the Government and not a foreigner.
ii. That he has knowledge of any conspiracy (to commit treason) against the
Government.
iii. 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. (Reyes, Vol. 2, p. 20)
ESPIONAGE
The penalty of prisión correccional shall be inflicted upon any person who:
a. Without authority therefor, enters 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
b. 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. The penalty next higher in degree shall be
imposed if the offender be a public officer or employee. (Article 117, Revised
Penal Code, as amended by Republic Act No. 10951)
ESPIONAGE
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.

NOTE: Espionage can be committed in times of war and peace.

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 Philippines or exposes Filipino citizens to reprisals on their persons or
property. (Article 118, Revised Penal Code, as amended by Republic Act No 10951.)
INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS

a. Elements
i. That the offender performs unlawful or unauthorized acts.
ii. That such acts provoke or give occasion for a war involving or liable to involve
the Philippines or expose Filipino citizens to reprisals on their persons or property.
(Reyes, Vol. 2, p. 27)
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. (Article 119,
Revised Penal Code)
Elements
i. That there is a war in which the Philippines is involved
ii. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality;
iii. That the offender violates such regulation. (Reyes, Vol. 2, pp. 29-30)
VIOLATION OF NEUTRALITY
• Neutrality
Neutrality is a condition of a nation that, in times of war, takes no part in the dispute
but continues peaceful dealings with the belligerents.

• Authority to issue a regulation for the enforcement of neutrality

The regulation must be issued by competent authority like the President of the
Philippines or the Chief of Staff of the Armed Forces of the Philippines, during a war
between different countries in which the Philippines is not taking sides
CORRESPONDENCE WITH HOSTILE COUNTRY

• Any person who in time of war, shall have correspondence with an enemy country or
territory occupied by enemy troops shall be punished:
i. By prisión correccional, if the correspondence has been prohibited by the Government;
ii. By prisión mayor, if such correspondence be carried on in ciphers or conventional signs;
and
iii. 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. (Article 120,
Revised Penal Code, as amended by Republic Act
Correspondence is communication by means of letters; or it may refer to the letters which
pass between those who have friendly or business relation.
CORRESPONDENCE WITH
HOSTILE COUNTRY
a. Elements
i. That it is in time of war in which the Philippines is involved;
ii. That the officer makes correspondence with an enemy country or territory occupied by
enemy troops;
iii. That the correspondence is either:
(1) Prohibited by the Government, or
(2) Carried on in ciphers or conventional signs, or
(3) Containing notice or information which might be useful to the enemy. (Reyes, Vol. 2, p.
30)
FLIGHT TO ENEMY’S COUNTRY
The penalty of arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee or go to an enemy
country when prohibited by competent authority. (Article 121, Revised
Penal Code, as amended by Republic Act.)
 PIRACY
• Piracy in general and mutiny on the high seas or in Philippine waters - The penalty
of reclusión perpetua shall be inflicted upon any person who, on the high seas, or in
Philippine waters 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 or in Philippine waters.
(Article 122, Revised Penal Code, as amended by Republic Act No. 10951
PIRACY
a. Modes of committing piracy
i. By attacking or seizing a vessel on the high seas or in Philippine waters;
ii. By seizing in the vessel while on the high seas or in Philippine waters the whole or
part of its cargo, its equivalent or personal belongings of its complement or
passengers. (Reyes, Vol.
b. Elements
iii. That a vessel is on the high seas or in Philippine waters;
iv. That the offenders are not members of its complement or passengers of the vessel;
v. That the offenders:
(1) Attack or seize that vessel, or
(2) Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
 PIRACY
• Piracy. It is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi (intent to steal) and in the spirit and intention of universal hostility.
• Mutiny. It is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.

PIRACY
Offenders are strangers to the vessel. Hence,
offenders are neither passengers nor crew
members.
Done with animo furandi/intent to steal and with
the intention of universal hostility
MUTINY
Offenders are members of the complement or the
passengers of the vessel.
Against the authority of the commander of the ship.

Intent to gain is an element of piracy. Intent to gain is immaterial.

Attack from the outside. Attack from the inside.
QUALIFIED 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:
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; or
c. Whenever the crime is accompanied by murder, homicide, physical injuries or
rape. (Article 123, Revised Penal Code, as amended by Republic Act No. 10951)