CRIM 2 Midterms Elements

Question 1

Article 114. Treason Elements.

Answer 1

1. Offender owes allegiance to the Philippine Government (Filipino or alien residing in PH).
2. There is war in which PH is involved.
3. Offender either levies war against the government OR adheres to the enemies and gives them aid or comfort.

Question 2

Article 114. Treason. Requisites for levying war.

Answer 2

1. Actual assembly of men.
2. Purpose of executing treasonable design by force.

Question 3

Article 114. Ways of proving treason.

Answer 3

1. Testimonies of at least two witnesses to the same overt act.
2. Confession of guilt in open court.

Question 4

Article 114. Valid defenses for treason.

Answer 4

1. Duress & fear of imminent death.
2. Obedience to a de facto government.

Question 5

Art 114. Inherent circumstances to treason. Aggravating circumstances to treason

Answer 5

Inherent
1. Evident premeditation
2. Abuse of superior strength
3. Treachery

Aggravating
1. Ignominy
2. Cruelty
3. Amount of degree of aid
4. Gravity of separate distinct acts of treason

Question 6

Art 115. When is it conspiracy and proposal to commit treason. Does the two-witness rule apply.

Answer 6

Conspiracy - in time of war, 2 or more people decides and agrees to levy war against the government or adhere to the enemy and give aid or comfort

Proposal - in time of war, a person decides to levy war against the government or adhere to the enemy and give aid or comfort AND proposes its execution to some other person/s

2 witness rule does not apply because it is a separate & district offense from treason.

Question 7

Art 116. Elements of Misprision of treason.

Answer 7

1. Offender is a citizen of the PH, NOT a foreigner
2. Has knowledge of conspiracy to commit treason
3. Conceals or does not disclose or make known the same to the proper authorities

Question 8

Art 117. Espionage elements

Answer 8

1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plans, photographs, or other data of confidential nature relative to the defense of the Philippines.
2. By Disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.

Question 9

Article 118. Inciting war elements.

Answer 9

1.