Crimes against National Security and Law of Nations

Question 1

Treason

Answer 1

breach of allegiance to government by a person who owes allegiance to it

Question 2

Offender in treason

Answer 2

1) Filipino citizen
2) resident alien

Proof: testimony of witnesses, prison record, etc

Question 3

Origin of law on treason

Answer 3

Anglo-American

Question 4

Allegiance

Answer 4

Obligation of fidelity and obedience individuals owe to government under which they live in return for the protection they receive

Question 5

2 types of allegiance

Answer 5

1) permanent - owed by an alien to his own country

2) temporary - country where he resides

Question 6

When can treason not be committed?

Answer 6

In time of peace because it is a war crime and not an all-time offense

Question 7

2 modes of committing treason

Answer 7

1) levying war against government

2) adhering to enemies of PH, giving them aid or comfort

Question 8

Levying war entails

Answer 8

1) there be an actual assembling of men
* enlistment of men to serve against govt is NOT assebly

2) for purpose of executing treasonable design

Notes:

a) In levying war, NO NEED for formal declaration of existence of state of war
b) adherence to enemy is also required here
c) in collaboration with a foreign enemy

Question 9

War must be directed against

Answer 9

GOVERNMENT, not just statute or officer

Question 10

What does executing a treasonable design by force mean?

Answer 10

To deliver the country in whole or in part to the enemy

Question 11

Requirements of second way of committing treason

Answer 11

1) adherence

2) giving aid or comfort

Question 12

Adherence

Answer 12

Intent to betray; intellectually or emotionally favors enemy; harbors sympathies disloyal to his country’s interest

Question 13

Aid or comfort

Answer 13

act which strengthens or tends to strengthen enemy IN THE CONDUCT OF WAR against his country

acts which weaken or tends to weaken the power of his country to RESIST or to ATTACK enemy

**to render assistance to them as ENEMIES and not merely as individuals + FURTHERANCE of enemies’ hostile designs

**not essential that aid is successful, what matters is it WOULD advance the interest of the enemy. Not degree of success, but the AIM

**aid given AFTER the declaration of war, given to ENEMIES (subjects of a FOREIGN power in a state of hostility against our country; not citizens in insurrection against own country)

Question 14

Extent of aid or comfort

Answer 14

• some kind of action; deed or physical activity
• depends upon their 1) nature, 2) degree, 3) purpose

Examples: arms, troops, supplies, information, means of transportation, psychological comfort (presence), acceptance of policy-determining positions/active participation of apprehending and inflicting ill-treatments

Question 15

Killings and common crimes charged as overacts of treason cannot be

Answer 15

1) separate crimes
- - but prosecution has a choice on whether to use the common crime as an element of treason, or as a separate crime
2) complexed with treason

*thus, ABSORBED in treason

Question 16

Treason is a continuous offense

Answer 16

may be committed by one single act, series of acts, not only in a single time but also in different times

Question 17

To be convicted of treason, need

Answer 17

1) testimony of 2 witnesses AT LEAST to the SAME OVERT ACT
- - necessary for AID, but not for adherence
- - not necessary that identical testimony, enough that uniform on material points

2) confession (of guilt) of an accused in OPEN court (during arraignment)
* cannot be by circumstantial evidence or extrajudicial confession

Question 18

Overt act

Answer 18

external act which has a direct connection with the crime

Question 19

How to prove:

1) aid
2) adherence

Answer 19

AID

1) testimony of 2 witnesses
2) confession on open court

ADHERENCE

1) testimony of 1 witness
2) nature of act itself
3) circumstances surrounding the act

Question 20

Aggravating circumstances in treason

Answer 20

1) cruelty

2) ignominy

Question 21

What is considered in determining the penalty for treason: aggravating or mitigating circumstances OR…

Answer 21

AMOUNT or DEGREE of aid or comfort given

GRAVITY of separate and distinct acts

Question 22

Defense for treason

Answer 22

1) defense of duress or uncontrollable fear
2) lawful obedience to a de facto government

• Requisites for uncontrollable fear (intimidation or threat v. irresistible force na force or violence)
  1) EXISTENCE of an uncontrollable fear
  2) Fear must be REAL and IMMINENT
  3) Fear of an injury is GREATER than or at least EQUAL to that committed

*Duress must be real, imminent or reasonable fear and NOT speculative, fanciful or remote fear

Question 23

No 2 witness rule on..

Answer 23

1) conspiracy to commit treason
2) proposal to commit treason
3) adherence

Question 24

Misprision cannot be committed by..

Answer 24

a resident alien

Question 25

When does misprision not apply?

Answer 25

When the crime of treason is ALREADY COMMITTED by someone and accused does not report its commission to the proper authority

Question 26

Punishment of offender in misprision of treason

Answer 26

2 degrees lower than that of treason (punished as an accessory* but he is a principal in misprision)

but Article 20 (accessories exempt from criminal liability if principal is relative, except if he benefitted) does not apply here since he is a principal in misprision of treason.

Question 27

2 ways of committing espionage *in time of war and peace

Answer 27

1) Entering, without authority, a warship, fort, naval or military establishment or reservation, to obtain any information or data of a CONFIDENTIAL nature relative to the DEFENSE of the Philippines

2) Disclosing to the representative of a foreign nation the CONTENTS of the data referred above which he had in his POSSESSION BY REASON of PUBLIC OFFICE HE HOLDS
* Note: cannot be aggravated by Art 14, #1

Question 28

In 1st form of espionage, accused must

Answer 28

have INTENTION to obtain info re: defense

but it is NOT NECESSARY that info was obtained

Question 29

If committed by a public officer..

Answer 29

suffer a penalty next higher in degree

Question 30

Difference bet. Espionage and Treason

Answer 30

Espionage

• both in time of peace and war
• may be committed in many ways

Treason

• only in time of war
• limited in 2 ways of committing the crime

Question 31

4 crimes provoking war and disloyalty in case of war

Answer 31

1) inciting to war or giving motives for reprisals (committed in time of peace)
2) violation of neutrality
3) correspondence with hostile country
4) flight to enemy’s country

Question 32

Examples of inciting to war:

Answer 32

Public destruction of flag of foreign state

Question 33

Neutrality

Answer 33

Nation or power which takes no part in a contest of arms going on between others

Question 34

Correspondence

Answer 34

Communication by means of letters, or it may refer to letters which pass between those who have friendly or business relations

Question 35

Circumstances which qualify the offense of correspondence

Answer 35

1) notice or information MIGHT BE USEFUL to enemy

2) offender INTENDED TO AID the enemy

Question 36

Who are offenders in flight to enemy’s country?

Answer 36

1) citizens

2) alien residents

Question 37

2 ways of committing piracy

Answer 37

1) attacking or seizing a vessel on high seas or PH waters
2) seizing while on high seas or PH waters the WHOLE or PART of its CARGO, EQUIPMENT or PERSONAL BELONGINGS of complement or passengers

Question 38

High seas

Answer 38

Parts of seas that are not included in the:

• EEZ (exclusive economic zone)
• Territorial seas
• Internal waters of a state
• Archipelagic waters

Question 39

Piracy

Answer 39

Robbery or forcible depredation on high seas, without lawful authority and done with intention to steal and in the spirit of universal hostility

Question 40

Mutiny

Answer 40

Usually committed by other members of the complement and may be committed by passengers of vessel

Unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander

Question 41

Piracy v Mutiny

Answer 41

Piracy

• Person who attack or seize are STRANGERS to said vessels
• Intent to gain is essential

Mutiny

• Members of the CREW or PASSENGERS
• Intent to ignore ship’s officers or they may be prompted by desire to commit plunder

Question 42

Qualified piracy is..

Answer 42

a special complex crime punishable by RP-Death regardless of the number of victims

Question 43

Philippine waters

Answer 43

all bodies of water around, between and connecting each of the Islands of PH archipelago and all other waters belonging to PH by historic or legal title and other areas over which PH has jurisdiction or sovereignty

Question 44

Vessel

Answer 44

Any watercraft used for transport of passengers and cargo from one place to another though PH waters

Question 45

Any person who AIDS or PROTECTS pirates or ABETS the commission of piracy shall be considered..

Answer 45

an ACCOMPLICE

Question 46

When is an aircraft is in flight

Answer 46

Moment all external doors are closed following embarkation until such doors are opened for disembarkation

*unlawful to compel a change in course of an aircraft or seize control; compel to land