Crimes against National Security and Law of Nations Flashcards
1) Treason 2) Conspiracy and Proposal to commit Treason 3) Misprision of treason 4) Espionage 5) Inciting to war or giving motives for reprisals 6) violation of neutrality 7) correspondence with hostile country 8) flight to enemy's country 9) piracy and mutiny on high seas and PH waters 10) qualified piracy
Treason
breach of allegiance to government by a person who owes allegiance to it
Offender in treason
1) Filipino citizen
2) resident alien
Proof: testimony of witnesses, prison record, etc
Origin of law on treason
Anglo-American
Allegiance
Obligation of fidelity and obedience individuals owe to government under which they live in return for the protection they receive
2 types of allegiance
1) permanent - owed by an alien to his own country
2) temporary - country where he resides
When can treason not be committed?
In time of peace because it is a war crime and not an all-time offense
2 modes of committing treason
1) levying war against government
2) adhering to enemies of PH, giving them aid or comfort
Levying war entails
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
War must be directed against
GOVERNMENT, not just statute or officer
What does executing a treasonable design by force mean?
To deliver the country in whole or in part to the enemy
Requirements of second way of committing treason
1) adherence
2) giving aid or comfort
Adherence
Intent to betray; intellectually or emotionally favors enemy; harbors sympathies disloyal to his country’s interest
Aid or comfort
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)
Extent of aid or comfort
- 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
Killings and common crimes charged as overacts of treason cannot be
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
Treason is a continuous offense
may be committed by one single act, series of acts, not only in a single time but also in different times
To be convicted of treason, need
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
Overt act
external act which has a direct connection with the crime
How to prove:
1) aid
2) adherence
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
Aggravating circumstances in treason
1) cruelty
2) ignominy
What is considered in determining the penalty for treason: aggravating or mitigating circumstances OR…
AMOUNT or DEGREE of aid or comfort given
GRAVITY of separate and distinct acts
Defense for treason
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
No 2 witness rule on..
1) conspiracy to commit treason
2) proposal to commit treason
3) adherence
Misprision cannot be committed by..
a resident alien
When does misprision not apply?
When the crime of treason is ALREADY COMMITTED by someone and accused does not report its commission to the proper authority
Punishment of offender in misprision of treason
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.
2 ways of committing espionage *in time of war and peace
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
In 1st form of espionage, accused must
have INTENTION to obtain info re: defense
but it is NOT NECESSARY that info was obtained
If committed by a public officer..
suffer a penalty next higher in degree
Difference bet. Espionage and Treason
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
4 crimes provoking war and disloyalty in case of war
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
Examples of inciting to war:
Public destruction of flag of foreign state
Neutrality
Nation or power which takes no part in a contest of arms going on between others
Correspondence
Communication by means of letters, or it may refer to letters which pass between those who have friendly or business relations
Circumstances which qualify the offense of correspondence
1) notice or information MIGHT BE USEFUL to enemy
2) offender INTENDED TO AID the enemy
Who are offenders in flight to enemy’s country?
1) citizens
2) alien residents
2 ways of committing piracy
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
High seas
Parts of seas that are not included in the:
- EEZ (exclusive economic zone)
- Territorial seas
- Internal waters of a state
- Archipelagic waters
Piracy
Robbery or forcible depredation on high seas, without lawful authority and done with intention to steal and in the spirit of universal hostility
Mutiny
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
Piracy v Mutiny
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
Qualified piracy is..
a special complex crime punishable by RP-Death regardless of the number of victims
Philippine waters
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
Vessel
Any watercraft used for transport of passengers and cargo from one place to another though PH waters
Any person who AIDS or PROTECTS pirates or ABETS the commission of piracy shall be considered..
an ACCOMPLICE
When is an aircraft is in flight
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
