CAPITULO IV : RESULTADOS 62
4.1.2. Calidad de grano en quinua blanca
Art. 114 - TREASON What is treason?
Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it.
(63 C.J. 814)
Who is the offender in the crime of treason?
The offender in treason must be a Filipino citizen as provided under the first paragraph of Article 114 but as amended, the RPC punishes a resident alien
who commits treason. (People vs. Marcaida, 79 Phil. 283)
Modes or ways of committing treason 1. by levying war against the
government; and
2. by adhering to the enemies of the Philippines, giving them aid or comfort.
Does adherence alone constitute treason?
No. The crime of treason consists of two elements: adherence to the enemy; and rendering him aid and comfort. (People vs.
Tan, P.C., 42 O.G. 1263) Emotional or intellectual attachment or sympathy to the enemy, without giving aid or comfort, is not treason. (People vs. Roble, 83 Phil. 1)
Ways of proving treason
1. testimony of two witnesses, at least, to the same overt act; or
2. confession of the accused in open court. (Art. 114, par. 2, RPC; Sec. 4, Rule 133 of the Rules of Court)
Is there such thing as attempted treason?
No. Mere attempt of committing treason consummates the crime.
How adherence may be proven 1. by one witness,
2. from the nature of the act itself, or 3. from the circumstances surrounding
the act. (People vs. Canibas, 85 Phil.
469)
Is extrajudicial confession or confession made before the investigators sufficient to convict a person of treason?
No. The confession means a confession of guilt. It is not only an admission of facts made by the accused in giving his testimony after a plea of not guilty, from which admissions of his guilt can be inferred. (US vs. Magtibay, 2 Phil. 705) It means pleading
guilty in open court; that is, before the judge while actually hearing the case.
Elements of treason: (Code: OWLA)
1. that the offender is a Filipino citizens or an alien residing in the Philippines;
2. that there is a war in which the Philippines is involved; and
3. that the offender either:
a. levies war against the government; or b. adheres to the enemies, giving them aid
or comfort.
Art. 115 – CONSPIRACY AND PROPOSAL TO COMMIT TREASON
How are crimes of conspiracy and proposal to commit treason committed?
Conspiracy to commit treason is committed when in times of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. (Arts. 8 and 114, RPC)
Proposal to commit treason is committed when in time of war a person who has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons.
(Arts. 8 and 114, RPC)
Does the two-witness rule apply to conspiracy or proposal to commit treason?
No. The two-witness rule does not apply to this crime, because this is a separate and distinct offense from that of treason. (US vs. Bautista, et al., 6 Phil. 581)
Art. 116 – MISPRISION OF TREASON Elements: (Code: AKC)
1. That the offender must be owing allegiance to the government and not a foreigner 2. That he has knowledge of any conspiracy
(to commit treason) against the Government.
3. The he conceals or does not disclose and make known the same as soon as possible to the proper authority.
Can misprision of treason be committed by a resident alien?
No. The offender must be owing allegiance to the Government, without being a foreigner therefore this crime can only be committed by citizens of the Philippines.
Does Art. 116 apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority?
No. 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.
Does Article 20 apply?
No. 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.
ART. 117. ESPIONAGE What is 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.
Distinguish Espionage from Treason.
TREASON ESPIONAGE
Treason is
committed only in times of war,
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
Espionage may be committed in more than two ways
Treason may be committed by a citizen or a resident alien
Espionage is generally committed by an alien
Ways of committing espionage and their elements:
1. by entering, without authority therefore, 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 Philippines.
Elements: (Code: OAP)
(a) that the offender enters any of the places mentioned therein;
(b) that he has no authority therefore; and (c) that his purpose is to obtain
information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. (Guevarra)
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in paragraph no. 1 of Art. 117, which he had in his possession by reason of the public office he holds.
Elements: (Code: PPD)
(a) that the offender is a public officer;
(b) that he has in his possession the articles, data or information referred to in paragraph no. 1 of Art. 117, by reason of the public office he holds; and
(c) that he discloses their contents to a representative of a foreign nation.
ART. 118 - INCITING WAR OR GIVING MOTIVES FOR REPRISALS Elements: (Code: PA)
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke or give occasion for a war involving or liable to involve the Phil. or expose Filipino citizens to reprisals on their persons and property.
Is the intention of the accused material in committing this crime?
No. According to Viada, to be liable for inciting to war or giving motives for reprisals, the intention of the accused is immaterial.
ART. 119 VIOLATION OF NEUTRALITY What is neutrality?
A nation or power which takes no part in a contest of arms going on between others is referred to as neutral. (Burril, L.D.)
Elements of this crime: (Code: WRV) 1. That there is a war in which in the
Phil. is not involved
2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality
3. That the offender violates such regulation Does national security include rebellion, sedition and subversion?
Yes. 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.
ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY
Elements: (Code: WCPCC)
1. That it is in time of war in which the Phil.
is involved
2. That the offender makes correspondence with the enemy country or territory occupied by the enemy troops
3. That the correspondence is either a. Prohibited by the government b. Carries on in ciphers or
conventional signs
c. Containing notice or information which might be useful to the enemy
ART. 121. FLIGHT TO ENEMY’S COUNTRY Elements: (Code: WAAE)
1. That there is a war in which the Phil. is involve
2. That the offender must be owing allegiance to the government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by the competent authority.
In crimes against the law of nations, where can the offenders be prosecuted?
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.
ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS Modes or ways of committing piracy
1.) By attacking or seizing a vessel on the high seas
2.) By seizing in the vessel while on high seas the whole or part of its cargo, its equipment or personal belongings of its complement or passengers
What is piracy?
It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. (People vs.
Lol-lo, et al., 43 Phil. 19)
Distinguish Piracy from Robbery on the high seas.
When the offender is a member of the complement or a passenger of the vessel and there is violence against or intimidation of persons or force upon things in taking the property in the vessel, it is robbery; if the offender is an outsider, it will be piracy.
ELEMENTS OF PIRACY: (Code: VMA) 1. That a vessel is on the high seas 2. That the offenders are not members
of its complement or passengers of the vessel
3. That the offenders a) attack that vessel, OR
b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers.
What is 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. (Bouvier’s Law Dictionary, Vol. 2, p.
2283)
What constitutes the crime of mutiny in the high seas?
It is the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander; as distinguished from piracy, offenders in piracy are strangers to said vessels and with intent to gain.
Define high seas.
Any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign gov’t.
Piracy Mutiny
The persons who attack a vessel or seize its cargo are strangers to said vessels
The persons who attack a vessel or seize its cargo are members of the
crew or
passengers The offense was
committed by attacking or seizing of the vessel or stealing
an offense is committed by refusal to commander’s orders
ART. 123. QUALIFIED PIRACY
Circumstances that qualify the crime of piracy or mutiny
1. Whenever they have seized the vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape
TITLE 2 – CRIMES AGAINST THE