Chapter 1 Flashcards
Crimes-Against-National-Security-and-the-Law-of-Nations
These crimes may be prosecuted although the criminal act or acts were committed outside of Philippine territorial jurisdiction.
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
This is one of the instances where the RPC may be given extraterritorial application under Article 2 (5) thereof. However, prosecution can proceed only if offender is:
a. Within Philippine territory, or
b. Brought to the Philippines pursuant to an extradition treaty
General Rule in Crimes Against National Security
Almost all of these crimes committed only in times of war.
Exceptions: Offenses that can be committed only in times of peace:
a. Espionage [Art. 117, Revised Penal Code] – This is also covered by Commonwealth Act No. 616 which punishes conspiracy to commit espionage.
b. Inciting to War or Giving Motives for Reprisals [Art. 118, Revised Penal Code] – This can be committed even if the Philippines is not a participant.
c. Violation of Neutrality [Art. 119, Revised Penal Code] – The Philippines is not a party to an on-going war.
This is also covered by Commonwealth Act
No. 616 which punishes conspiracy to commit espionage.
Espionage [Art. 117, Revised Penal Code]
This can be committed even if the Philippines is not a participant.
Inciting to War or Giving Motives for Reprisals [Art. 118, Revised Penal Code]
The Philippines is not a party to an on-going war.
Violation of Neutrality [Art. 119, Revised Penal Code]
Breach of allegiance to a government, committed by a person who owes allegiance to it.
Treason
Two (2) Modes of Commission:
a. Levying War
b. Adherence to the Enemy and Giving of Aid and Comfort
Place of Commission
a. By a Filipino – can be committed outside of the Philippines.
b. By an Alien – must be committed in the Philippines.
It may be committed by one single act, by a series of acts, or by several series thereof, not only in a single time, but in different times, it being a
continuous crime.
Nature: Continuing Offense
- Offender is a Filipino or Resident Alien owing Allegiance to the Government of the Philippines
- There is a War in which the Philippines is involved
- The offender Levies war against the
government - There must be an actual Assembly of men
- It is for the purpose of executing a reasonable design by Force
Levying War
- Offender is a Filipino or Resident Alien owing Allegiance to the Government of the Philippines
- There is a War in which the Philippines is involved
- Offender Adheres to the enemies and Gives them aid or comfort
Adherence to the Enemy and Giving of Aid
and Comfort
The obligation for fidelity and obedience which the individual owes to the government under which he lives, or to his sovereign in return for the protection he receives.
Allegiance
Obligation of fidelity and obedience which a citizen or subject owes to his government or sovereign.
Nature of Allegiance can be: Permanent
obligation of fidelity and obedience which a resident alien owes to his government.
Nature of Allegiance can be: Temporary
An intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions.
Adherence
Adherence may be proved
- By one witness;
- From the nature of the act itself; or
- From the circumstances surrounding the act.
An act which strengthens or tends to strengthen the enemy and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy.
Aid or Comfort
Note: The overt act of aid and comfort to the enemy must be intentional.
a. “Commandeering” of women to satisfy the lust of Japanese officers or men to enliven the entertainments held in their honor. Sexual and social relations with the Japanese did not directly and materially tend to improve their war efforts or to weaken the power of the
US.
b. Acceptance of public office and discharge of official duties under the enemy
Acts not constituting treason
General Rule: When the killings and other common crimes are charged as overt acts of treason, they cannot be regarded: (a) as separate crimes, or (b) as complex with treason.
Exception: The rule would not preclude the punishment of murder or other common crimes, if the prosecution should elect to prosecute the culprit specifically for these crimes, instead of relying on them as an element of treason.
Treatment of common crimes connected with the charge of Treason
Two Ways of Proving Treason [Art. 114, Par. 2, Revised Penal Code]
- Testimony of at least two witnesses to the same overt act ; or
Two Witness Rule: The testimony of two witnesses is required to prove the overt act of giving aid or comfort, but it is not necessary to prove adherence. Each of the witnesses must testify to the whole overt act; or if it is separable, there must be two witnesses to
each part of the overt act. - Confession of an accused in open court
Aggravating Circumstances
Allowable
- Ignominy
- Cruelty
- Amount or degree of aid
- Gravity of separate distinct acts of treason
Aggravating Circumstances
Not Allowable/ Inherent Circumstances
- Evident Premeditation
- Abuse of Superior Strength
- Treachery
