Crimes Against National Security and The Law Of Nations Flashcards
What are the elements of misprision of treason?
- WHO — the offender must be owing allegiance to the government and not a foreigner (Filipino citizen)
- WHEN — He has knowledge of any conspiracy (to commit treason)
- ACT — He conceals or does not disclose and make known the conspiracy as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides
Elements of conspiracy to commit treason
ACT — Two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to given them aid or comfort, and decide to commit it
WHEN — Time of war
Elements of proposal to commit treason
- ACT —A person who has decided to commit treasonous acts, proposes its execution to some other person or persons
- WHEN — Time of war
Elements of Espionage by Unauthorized Entry in Restricted Areas
WHO — Any person who has no authority
ACT — Entering a warship, fort, or naval or military establishment or reservation
WHY — Purpose is to to obtain any information, plans photographs, or other data of a confidential nature relative to the defense of the Philippines
Elements of Espionage by Unauthorized Disclosure of Information
WHO — Public officer
WHAT — He has in his possession the articles, data, or information of a confidential nature relative to the defense of the Philippines, by reason of the public office he holds
ACT — He discloses their contents to a representative of a foreign nation
Inciting to war or GIVING MOTIVES FOR REPRISALS
ACT — Offender performs unlawful or unauthorised acts
EFFECT [2] — Such acts either —
a. Provoke or give occasion for a war involving or liable to involve the Philippines
b. Expose Filipino citizens to reprisals on their persons or property
3. WHEN — Time of peace
Elements of Violation of neutrality
WHEN — During a war in which the Philippines is NOT involved
WHEN — There is a regulation issued by competent authority for the purpose of enforcing neutrality ACT — Offender violates the regulation issued by authorities for the purpose of enforcing neutrality
Correspondence with hostile country
- WHEN —Time of war
- ACT [2] — Offender makes correspondence with either —
a. An enemy country
b. Territory occupied by enemy troops - WHAT [3] — Correspondence is either —
a. Prohibited by the government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy
QUALIFYING (WHY) — If notice of information be given thereby which might be useful to the enemy and the offender intended to aid the enemy by giving such notice or information. (Qualified to Treason)
Flight to enemy country
WHEN — Time of war
WHEN — Going to the enemy country must be prohibited by competent authority WHO [2] — Offender is either a —
a. Filipino Citizen
b. Resident Alien
4. ACT — Offender attempts to flee or go to enemy country
What are the crimes against national security?
- Treason. (Art. 114)
- Conspiracy and proposal to commit treason. (Art. 115)
- Misprision of treason. (Art. 116)
- Espionage. (Art. 117)
What are crimes against law of nations?
- Inciting to war or g i v i n g motives for reprisals. (Art. 118)
- Violation of neutrality. (Art. 119)
- Correspondence w i t h hostile country. (Art. 120)
- Flight to enemy’s country. (Art. 121)
- Piracy in general and mutiny on the high seas or in
Philippine waters. (Art. 122)
what is treason?
Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it.
What is allegiance?
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
What is the meaning of levying war?
- that there be an actual assembling of men
- the purpose of which is to execute a treasonable design by force
What is contemplated in the term adherence to the enemy?
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 sympathies or convictions disloyal to his country’s policy or interest.
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.
Which crimes against national security may be committed in times of peace?
VIME
1. Violation of neutrality
2. Inciting to war or giving motives for reprisals
3. Mutiny and Piracy
4. Espionage
What are the elements for the crime of treason?
- That the offender is either —
a. Filipino citizen
b. alien residing in the Philippines - WHEN — That there is a war in which the Philippines is involved
- ACT [2] — That the offender either —
a. Levies war against the government
b. Adheres to the enemies, giving them aid or comfort - PROOF — Treason needs to be proved by —
a. Testimony of at least 2 witnesses to the same overt act
b. Confession of the accused in open court
What are the subrequisites for the Act of treason?
Sub-requisites for the ACT —
1. Levying War —
a. ACT — That there be an actual assembling of men
b. WHY — For the purpose of executing a treasonable design by force, with intent to overthrow the
government in favour of another enemy country
2. Adherence of the enemy —
a. WHY — Adherence to the enemy/Intent to betray
b. ACT — Giving aid or comfort to the enemy
What are the elements of piracy under the RPC?
- WHERE [2] — The vessel is either on the—
a. High seas
b. Philippine waters - WHO — Offenders who are NOT Members of its complement or passengers
- ACT [2] — Offender attacks, seizes or takes away the any of the following —
a. Whole or part of a vessel
b. Cargo
c. Equipment
d. Personal belongings of the complement or passengers - WHY — Intent to gain
What are the elements of mutiny?
- WHERE — On a vessel on the high seas or in Philippine waters
- WHO — Offenders are members of its complement of crew or are passengers
- ACT — Offenders raise commotions to protest, or go against the lawful command of the captain
employing violence and endangering the safety of the passengers (intent to gain not necessary)
‣ QUALIFYING (WHEN) — Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape (Qualified to Qualified Mutiny)
When are offenders committing piracy and mutiny also liable for terrorism?
If the offenders committing piracy and mutiny sow and create a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, they are also liable for Terrorism under RA 9372.
ACTS INIMICAL TO
CIVIL AVIATION
(RA 6235)
ACT [5]— Offender either —
1. Compels a change in the course or destination of a Philippine aircraft
2. Compels a Foreign aircraft to land in Philippine territory
3. Seizes or usurps the control of a Philippine aircraft while it is in flight.
4. Seizes or usurps the control of a Foreign Aircraft while it is within the said territory
5. Ships, loads or carries in any passenger aircraft operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or material
How is treason proved?
- by testimony of at least two witnesses to the same overt act;
- by confession of the accused to open Court
How is adherence proved?
- by one witness
- from the nature of the act itself
- from the circumstances surrounding that act
why is the defense of suspended allegiance and change of sovereignty, not accepted? (Laurel vs. Misa)
- A citizen owes an absolute and permanent allegiance to the Government
- the sovereignty of a government is not transferred to the enemy by mere occupation
- the subsistence of sovereignty of the legitimate government in a territory occupied by the military forces of the enemy during the war is one of the rules of International Law
- what is suspended is the exercise of the right of sovereignty
What are acceptable defenses for the alleged crime of treason?
- defense of duress
- defense of obedience to a de facto government
What is 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.
What are the requisites for harboring or concealing violators of the law (Espionage, CA 616)?
- that the offender knows that a person has committed or is about to commit an offense under this Act
- That the offender harbors or conceals such person
what are the crimes classified as provoking war and disloyalty in case of war?
- inciting to war and giving motives for reprisals
- violation of neutrality
- correspondence to hostile country
- flight to enemy’s country
What is neutrality?
a nation or power which takes no part in a contest of arms going on between others is referred to as neutral
what is correspondence?
communication by means of letter; or it may refer to letter which pass between those who have friendly or business relations
What are the modes of committing piracy?
- by attacking or seizing a vessel on the high seas or in the Philippine waters
- by seizing in the vessel while on the high seas of in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers
how is high seas defined?
UNCLOS - parts of the seas that are not within the EEZ, territorial waters or internal waters or archipelagic waters
Define piracy
it is robbery or forcible depredation on the high seas, without lawful authority and done with animofurandi and in the spirit and intention of universal hostility.
Define mutiny
it is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander
Examples of Specific acts of aid or comfort constituting treason.
- Serving as informer and active member of the Japanese Military Police, arresting guerilla suspects in an attempt to suppress the underground movement. (People vs. Fernando, 79 Phil. 719)
- Serving in the Japanese Army as agent or spy and participating in the raid of guerrilla hideout. (People vs. Munoz, et al., 79 Phil.
702) - Acting as “finger woman” when a barrio was “zonified” by the Japanese, pointing out to the Japanese several men whom she accused as guerillas. (People vs. Nunez, 85 Phil. 448)
- Taking active part in the mass killing of civilians by the Japanese soldiers by personally tying the hands of the victims. (People vs Canibas, 85 Phil. 469)
When is piracy qualified?
(a) Whenever the offenders have seized the vessel by boarding or firing upon the same;
(b) Whenever the pirates have abandoned their victims without means of saving themselves;
(c) Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
What are aggravating circumstances in treason?
Cruelty and ignominy
