Crimes Against National Security

Question 1

What are the crimes against National Security?

Answer 1

Article 114- Treason

Article 115- Conspiracy and Proposal to commit treason

Article 116- Misprision of Treason

Article 117- Espionage

Question 2

What are the 2 modes of committing treason?

Answer 2

Article 114

Mode 1: Levying war

Mode 2- Adherence to the enemy by giving aid or comfort

Question 3

What are the elements of Mode 1-Levying war?

Answer 3

A. Offender is a Filipino or Resident alien

B. There is a war in which the Philippine is involved

C. Offender levies war against the government

Question 4

What are the elements for Mode 2- adherence to the enemy by giving aid or comfort?

Answer 4

A. A Filipino citizen or Resident Alien

B. There is a war in which the Philippines is involved

C. Offender adheres to the enemy by giving aid or comfort

Question 5

What are requirements for Mode 1-Levying wars?

Answer 5

A. There must be actual assembling of men (overt act)

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

Question 6

What are the requirements for Mode 2- Adherence to the enemy?

Answer 6

A. Intent to betray the government

B. Overt act must be intentional

Question 7

What are the two ways of proving treason?

Answer 7

a. two witness rule (2 witnesses to the same treasonable act)
b. Confession of the accused in an open court

Question 8

What are the ways of proving adherence?

Answer 8

a. one witness
b. nature of the act
c. circumstances surrounding the act

Question 9

What are the aggravating circumstances under “treason”?

Answer 9

• cruelty
• ignominy

Article 14 paragraphs 17 and 21 of the RPC

Question 10

What are the valid defense of treason?

Answer 10

Defense of duress or uncontrollable fear

Lawful obedience to a de facto government

Question 11

What are the elements of conspiracy to commit treason?

Answer 11

a. there is a war in which the Philippines is involves

b. at least two or more person come to an agreement to:
a. Levy war against the government
b. Adhere to the enemy by giving aid or comfort

3. They decided to commit it

Question 12

What is the deference between Article 8 and Article 115 of the RPC?

Answer 12

GR: Article 8

XPN: Article 115

Question 13

What are the elements of misprision of treason?

Answer 13

1. Offender owes allegiance to the Philippines
2. He is not a foreigner
3. He has a knowledge of conspiracy to commit treason against the government
4. Conceals or does not disclose the same and make known the same as soon as possible to the proper authority

Question 14

What are the element of proposal to commit a treason?

Answer 14

1. There is a war in which the Philippines is involved
2. At least one person decides to:
   a. levy war against the government
   b. adhere to the enemy giving them aid or comfort
3. Offender proposes its execution to some other person

Question 15

What are the two acts under Espionage?

Answer 15

Mode 1-Entering without authority
-warship
-fort
-naval
-military 
Establishments or reservations to obtain any:
-information
-plans
-photographs or other data
Considered confidential relative to the defense of the Philippines

Mode 2- Disclosing to the representative of a foreign nation the contents of the:

• articles
• date
• information

Referred to in par. 1 of Article 117, which he has a possession by reason of the public office he hold

Question 16

What are the elements for Espionage par. 1 Article 117?

Answer 16

a. Offender enters any places mentioned in par 1
b. offender has no authority to enter
c. His purpose is to obtain the materials mentioned in par. 1

Question 17

What are the elements for Article 117 par 2?

Answer 17

a. offender is a public officer
b. he has in his possession the materials mentioned in par. 1 by reason of his public office
c. offender discloses their content to a representative of foreign nation