CRIM22024 1st meeting

Question 1

“allegiance”

Answer 1

is meant the obligation of fidelity and
obedience which the individuals owe to the government under which they
live or to their sovereign, in return for the protection they receive.

Question 2

ART. 114 - Treason

Answer 2

Treason is a breach of allegiance to a government, committed by a
person who owes allegiance to it. (63 C.J. 814)

(As treason is basically a war crime, it is punished by the state as
a measure of self-defense and self-preservation. The law of treason is an
emergency measure. It remains dormant until the emergency arises. But as
soon as war starts, it is relentlessly put into effect.)

Question 3

Two ways or modes of committing treason:

Answer 3

1. By levying war against the Government.
2. By adhering to the enemies of the Philippines, giving them aid or
   comfort.

Question 4

Meaning of “levies war.”

Answer 4

Levying war requires the concurrence of two things: (1) that there be
an actual assembling of men, (2) for the purpose of executing a treasonable
design by force. (Ex parte Bollman and Ex parte Swartwout, 1 U,S. Sup. Ct.
Rep. [4 Cranch 75], p. 571)

The levying of war must be with the intent to overthrow the government
as such, not merely to resist a particular statute or to repel a particular
officer. (3 Wharton’s Criminal Law, 12th Ed.)

Question 5

The levying of war must be in collaboration with a foreign enemy.

Answer 5

If the levying of war is merely a civil uprising, without any intention
of helping an external enemy, the crime is not treason. The offenders may
be held liable for rebellion under Art. 135 in relation to Art. 134 of this
Code.

Question 6

Adherence to the enemy, defined.

Answer 6

The phrase “adherence to the enemy” means intent to betray. There is
“adherence to the enemy” when a citizen intellectually or emotionally favors
the enemy and harbors (to give shelter to; offer refuge to) sympathies or convictions disloyal to his country’s
policy or interest. (Cramer vs. U.S., 65 Sup. Ct. 918, April 23, 1945)

Question 7

“Aid or comfort,” defined.

Answer 7

The phrase “aid or 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 or tends to weaken the power of the traitor’s
country to resist or to attack the enemy. (Cramer vs. U.S., supra)

Question 8

Adherence alone, without giving the enemy aid or comfort, does
not constitute treason.

Question 9

The crime
of treason consists of two elements:

Answer 9

(1) adherence to the enemy; and (2)
rendering him aid and comfort.

Question 10

Extent of aid or comfort.

Answer 10

The aid and comfort must be given to the enemy by some kind of
action. It must be a deed or physical activity, not merely a mental operation.
It must be an act that has passed from the realm of thought into the realm
of action.
The expression includes such acts as furnishing the enemy with arms,
troops, supplies, information, or means of transportation.

Question 11

Article 115 - How are the crimes of conspiracy and proposal to commit treason
committed? (The two-witness rule does not apply to this crime, because this is a separate and distinct offense from that of treason)

Answer 11

Conspiracy to commit treason is committed when in time 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)

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)

Conspiracy or proposal as a felony.
Although the general rule is that conspiracy and proposal to commit
a felony is not punishable (Art. 8), under Art. 115 the mere conspiracy to
commit treason is a felony. The mere proposal to commit treason is also a
felony. Both are punishable under Art. 115.

(The reason is that in treason the very existence of the state is
endangered.)

Question 12

The penalty for treason committed by Philippine citizens is

Answer 12

Reclusion Perpetua to death and a fine not to exceed P100,000.

Question 13

Determining the proper penalty for treason

Answer 13

The amount or degree of aid or comfort given the enemy as well as the gravity of the separate and distinct acts of treason committed by the accused, rather than the circumstances aggravating or mitigating the offense, determine the period of the penalty to be imposed.

Question 14

Art. 116 Misprision of treason (Elements)

The offender under Art. 116 is “punished as an accessory to the crime of treason.” Note that Art. 116 does not provide for a penalty. Hence, the
penalty for misprision of treason is two decrees lower than that provided for
treason.

Answer 14

Elements:
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. That he conceals or does 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

Misprision of treason cannot be committed by a resident alien.
The offender must be owing allegiance to the Government, without
being a foreigner.

Question 15

Art. 117. Espionage

Answer 15

— The penalty of prision correccional
™ shall be inflicted upon any person who:
1. Without authority therefor, enters 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 Philippine
Archipelago; or
2. Being in possession, by reason of the public office
he holds, of the articles, data, or information referred to
in the preceding paragraph, discloses their contents to a
representative of a foreign nation.
*
The penalty next higher in degree1 1 shall be imposed if
the offender be a public officer or employee.

Question 16

Espionage, defined.

Answer 16

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.

Question 17

Two ways of committing espionage under Art. 117.

Answer 17

1. By entering, without authority therefor, 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:
(a) That the offender enters any of the places mentioned therein;
(b) That he has no authority therefor;
(c) That his purpose is to obtain information, plans, photographs or
other data of a confidential nature relative to the defense of the
Philippines. (Guevara)

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:
(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;
(c) That he discloses their contents to a representative of a foreign
nation.

Question 18

Espionage distinguished from treason.

Answer 18

Espionage is a crime not conditioned by the citizenship of the offender.
(Santos vs. Misa, 76 Phil. 415) This is also true as regards treason, in view
of the amendment to Art. 114.
But treason is committed only in time of war, while 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; while espionage may be committed in many ways.
(Com. Act No. 616)

Question 19

Art. 118. Inciting to war or giving motives for reprisals.

Answer 19

The penalty of reclusion temporal1 shall be imposed upon any
public officer or employee, and that of prision mayor13 upon
any private individual, who, by unlawful or unauthorized
acts, provokes or gives occasion for a war involving or liable
to involve the Philippine Islands or exposes Filipino citizens
to reprisals on their persons or property.

Elements:
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 Philippines or expose Filipino citizens to reprisals on their
persons or property.

Examples:
The raising, without sufficient authorization, of troops within the
Philippines for the service of a foreign nation against another nation
The public destruction of the flag or seal of a foreign state or the public
manifestations of hostility to the head or ambassador of another state.
The intention of the offender is immaterial.
Viada says that to be liable for inciting to war or giving motives for
reprisals, the intention of the accused is immaterial.
If the unlawful or unauthorized acts of the accused provoke or
give occasion for a war or expose Filipino citizens to reprisals, the crime
is committed regardless of his intentions. The law considers the effects
produced by the acts of the accused.
Such acts might disturb the friendly relation that we have with
a foreign country, and they are penalized even if they constitute a mere
imprudence. (Albert)