Article 121 Flight to enemy country

Question 1

What are the elements of Flight to an Enemy’s Country?

Answer 1

1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the
   government;
3. Offender attempts to flee or go to enemy country;
4. Going to the enemy country is prohibited by
   competent authority.

Question 2

Who are liable for Flight to an Enemy’s Country?

Answer 2

1. Filipino citizen

2. Alien residing in the Philippines

Question 3

What acts covers Flight to an Enemy’s Country?

Answer 3

Mere attempt consummates the crime

Question 4

What is the effect of prohibition to Flight to an Enemy’s Country?

Answer 4

If there is none, even

if one went to enemy country, there is no crime.

Question 5

How is an alien liable for this crime?

Answer 5

An alien residing in the Philippines owes temporary allegiance to it.