Crimes Against National Security And Law of Nation

Crimes Against National Security

And Law of Nation

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 (Art117)

Crimes against the law of Nation

1.      Inciting to war or giving motives for reprisals (Art 118)

2.      Violation of neutrality(Art 119)

3.      Correspondence with hostile country

 (Art 120)

4.      Flight to enemy’s country(Art 121)

5.      Piracy in general and mutiny on the high seas or Philippine water

Art 114

Treason

Elements

1.      That the offender is a Filipino citizen or an alien residing in the Philippine.

2.      That there is a war in which the Philippine is involved.

3.      That the offender either

a.       Levies war against the government, or

b.      Adheres to the enemies, giving them aid and comfort

Treason

-           Is a breach of allegiance to a government, committed by person who owes allegiance to it.

-          Violation by a subject of his allegiance to his sovereign or liege lord, or the supreme authority of the state.

Allegiance- is meant the obligation of FIDELITY AND OBEDIENCE which individuals owe to the government under which they live or their sovereign, in return for the protection they receive.

Aid and 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 to tends to weaken the power of the traitor’s country to resist or to attack the enemy.

Example

1.      Giving arms

2.       Troops

3.       Supplies

4.       Information

5.       means of transportation

The Offender either

1.      Filipino Citizen

2.      Alien Residing in the Phil.

Two ways or mode for committing treason

1.      By levying war against the government

2.      Adhering to the enemy of the Phil. Giving them aid and comfort.

Levying war two things

1.      That there be an actual assembling of men

2.      For the purpose of executing a treasonable design by force.

Enlistment of men does not amount of levying war.

2^nd element

1.      Adherence

2.      Giving aid and comfort

Adherence alone does not constitute treason

No Treason by negligence it is always w/ intent

Treason is a continuous offence.

2 ways of proving treason according to ART 114 par. 2

1.      Testimony of two witnesses, at least, to the same overt act; or

2.      Confession of the accused in open court.

Adherence may be proved

1.      By one witness,

2.      From the nature of the act itself, or

3.      From the circumstances surrounding the act

Aggravating circumstances

1.      Cruelty

2.      Ignominy

ART 64 shall not apply

DEFENCE can be

1.      De facto Government

2.      Duress or uncontrollable fear

Art 115

Conspiracy and proposal to commit treason- the conspiracy and proposal to commit the crime of treason shall be punished respectively, by prison mayor and a fine not exceeding 10K and by Prison correctional and a fine not exceeding 5K.

Must be committed time of war

Two-witness rule shall not apply.

Art 116

Misprision of treason- Every person owing allegiance to (united State or) Government of the Phil. Islands without being a foreigner and having knowledge of any conspiracy against them, who conceals or dies 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 punished as an accessory of the crime of treason.

Elements

1.      That the offender must be owing allegiance to the government and nor foreigner.

2.      That he has knowledge of any conspiracy (to commit treason) against the Government.

3.      That he conceals or does not disclode & make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city which he resides

Punish as an ACCESSORY OF THE CRIME OF TREASON

Art 20 shall not apply- pertains to family member

Art 117

Espionage – Penalty of Prison correctional

2 ways

1.      By entering without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information plan, photographs, or other data of a confidential nature relative of the defense of the Phil.

Element

(a)    That the offender enter any place mentioned therein;

(b)   That he has no authority therefore;

(c)    That his purpose to obtain information plan.

2.       By disclosing to the representative of a foreign nation the content of the articles, data or information referred to in par1 of ART 117 which he had in his possession by reason of the public he holds.

Element

(a)    That the offender is a public officer

(b)   That he has in his possession the articles, data, information referred to in par. 1 of Art 117 by reason of the public office he holds

(c)    That he disclose their content to a representative of a foreign nation.

Commonwealth Act no 616

Sec 1-Offender is a public officer or employee

Sec2- in time of war penalty is death or imprisonment not more than 30 years

Maybe on time of war or at Peace

Art 118

Inciting to war or giving motive for reprisals- the penalty of RECLUSION TEMPORAL shall be imposed upon any public officer or employee, and that of PRISON MAYOR upon private individual who by unlawful or unauthorized acts, provoke or give occasion of war involving or liable to involve the Phil. Island or express Filipino citizens to reprisals or their person or property.

Element

1.      That offender performs unlawful or unauthorized acts

2.      That such act provokes or give occasion for a war involving or liable to involve the Phil. Or expose Fil. Citizen to reprisals on their person or property.

Committed on the time of peace

Art 119

Violation of neutrality- Penalty of prison correctional

Element

1.      That there is a war in which the Phil is not involved.

2.      That there is a regulation  issued by competent authority for the purpose of enforcing neutrality

3.      That the offender violates such regulation.

Neutrality- a nation which takes no part in a contest of arms going on between other is referred to as neutral

Art 120

Correspondence w/ hostile country- any person who in time of war shall have correspondence with an enemy country or territory occupied by enemy troops.

1.      Prison correctional, if the correspondence had been prohibited by the government.

2.      Prison Mayor, if the correspondence be carried on ciphers or correctional signs.

3.      Prison temporal, if notice or information be given thereby which might be useful to the enemy.

4.      Reclusion Temporal to death, if the offender intended to aid the enemy by giving such notice or info.

Element

1.      That it is in time of war in which the Phil. Is involved

2.      That the offender makes correspondence with an enemy country of territory occupied by enemy troops.

3.      That the correspondence is either

a.       Prohibited by the government

b.      Carried on in ciphers or conventional sign 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 relation.

Circumstances QUALIFYING the offence

FF must concur

(a)    That the notice and information might be useful to the enemy

(b)   That the offender intended to aid the enemy

If equal to aid the enemy penalty shall be treason  

Art 121

Flight to enemy’s country- 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.

Element

1.      That there is war which the Phil. Is involved

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 competent authority.

Art 122

Piracy in general and mutiny on the high seas or Phil. Water- the penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas or in Phil. Waters shall attack or seize any 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 passenger.

       The penalty shall be inflicted in case of mutiny on the high seas or in Phil. Water (As amended by sec3 RA 7659)

RA 7659- can be committed in Phil. Water

2 ways

1.      By attacking or seizing a vessel on high seas or in Phil. Water.

2.      Br seizing in the vessel while on the seas or in Phil. Waters the whole or part of its cargo its equipment or personal belonging of its complement or passenger.

Element

1.      That a vessel on the high seas or in Phil. Waters

2.      That the offender are not members of its complement or passenger of the vessel

3.      That the offender

a.       Attack or seize the vessel or

b.      Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passenger

Mutiny-  If inside the vessel is called robbery ex crew or passenger

If outside called Piracy- intent to gain

Mutiny- is the unlawful resistance to a superior officer, or the raising of commotion and disturbance on board or ship against the authority of its commander.

Vessel- any vessel or watercraft used for

(A) Transport of a passenger or cargo

(B)  For fishing

“HOSTIS HUMANI GENERIS”- enemy of human kind

RA 9372- Human Security act of 2007

Approved on March 6, 2007

A person who commits an act punishable as rebellion or insurrection, thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to a unlawful demand shall be guilty of the crime of terrorism, and shall suffer the penalty of forty (40) years of imprisonment without the eligibility of parole.

The following provisions are punishable

a.       ART. 122 (piracy in general and mutiny in the high seas or in the Philippine water)

b.      ART 134(rebellion and insurrection)

c.       ART 134-A(coup d’ etat), including act commited by private persons;

d.      ART 248 (Murder)

e.       ART 267 (Kidnapping and serious Illegal detention)

f.       ART 324(Crimes involving destruction) or under

a.       PD 1613 (the law on arson)

b.      RA 6969 (Toxic Substances and hazardous and nuclear waste control act of 1990)

c.       RA 5207 (Atomic Energy regulatory and Liability act of 1968)

d.      RA 6235(Anti Hijacking Law)

e.       PD 532(anti Piracy and Anti- Highway robbery law of 1974); and

f.       PD 1866 as amended (decree codifying the law on illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosive)

Art 123

Qualified Piracy- the penalty RECLUSION PERPETUA TO DEATH shall be imposed upon those shall commit any of the crimes referred to in the preceding articles, under the ff. circumstances:

1.      Whenever they seized a vessel by boarding or firing upon the same.

2.      Whenever the pirates have abandoned their victims w/o means of saving themselves or

3.      Whenever the crime is accompanied by

a.       Murder

b.      Homicide

c.       Physical injury

d.      Rape

PD 532 – Anti Piracy and Anti highway robbery law

Ferdinand Marcos 1974

-          By means of violence, against or intimidation of person or force upon things, committed by any person, including a passenger or member of the complement or said vessel in Phil. Water

Requisites

(a)    Knowingly aid or protect pirates

(b)   Acquires or receives property taken by such pirates or in any manner derives any benefit therefrom;

(c)    Directly or indirectly abets the commission of piracy

PD 532 – it maybe a pirate or member of the passenger or complement

R.A. 6235 – Anti-Hi-Jacking law

1.      Aircraft   Phil registry is in flight the offender ceases control and change the course or destination- Must be on flight

2.      Aircraft foreign registry, offender ask to compel to land in the Phil, territory – May not be on flight

3.      Public Utility passenger aircraft to load or carry any

a.       Explosive

b.      flammable

c.       Corrosive

d.      Poisonous substance or material

Permit should be ask in Air transportation office issued by Civil Aeronautics Administration