Crimes Against National Security and the Law of Nations Flashcards
1
Q
What is National Security?
A
It refers to the ability of the State to survive in the midst of possible threats to its government, territory or people.
By it, the State is able to provide the requisite protection and defense needed by its citizens for a sustained quality of life.
2
Q
Define “Law of Nations”
A
It refers to the:
- Treaties
- Conventions
- Executive Agreements
- Generally-accepted principles of international law which member of nations are obligated to observe.
3
Q
What is Title 1 of Book 2 of the Revised Penal Code talks about?
A
Thos which threaten national security, in that the commission of these crimes actually pose a threat to the stability of government, the dafety of the people and the integrity of the state’s territory. Undettered, these crimes may even cause the downfall of the nation.
4
Q
Laws in their own country which govern their people and government among themselves
A
Domestic laws/ Muinicipal laws
5
Q
Laws observed by and governing member states among themselves
A
International laws
6
Q
What are the crimes against national security?
A
- Treason
- Conspiracy to Commit Treason
- Misprision of Treason
- Espionage
- Violation of Neutrality
- Correspondence with Hostile Country
- Flight to Enemy Country
- Inciting to War or Giving Motives for Reprisals
7
Q
What are the crimes against the law of nations?
A
- Piracy
- Qualified Piracy
- Hijacking under Republic Act No. 6235 (which may also be considered a crime against public order)
8
Q
What are the elements of treason?
A
- The offender is a Filipino citizen or an alien residing in the Philippines
- That there is a war in which the Philippines is involved
- That the offender either levies war against the Government or adheres to the enemies, giving them aid or comfort.
9
Q
Define treason. What is its nature?
A
Treason is a breach of allegiance to the government, committed by a person who owes allegiance to it.
Treason, in its general sense, is the violation by a subject of his allegiance to his sovereign or to the supreme authority of the State.
10
Q
How to prove that the offender of Treason is a Filipino citizen?
A
- When the accused is allegedly a Filipino, his being a Filipino may be proved by his prison record which sets out his personal circumstances properly identified as having been filled out with data supplied by the accused himself.
- The citizenship of the accused may also be proved by the testimony of witnesses who know him to have been born in the Philippines of Filipino parents.
11
Q
What is the origin of the law on treason?
A
The Phiippine Law on treason is of Anglo-American origin.
12
Q
Define Allegiance.
A
Allegiance 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.
- The first element of treason is that the offender owes ALLEGIANCE to the Government of the Philippines
13
Q
What are the two types of Allegiance?
A
- Permanent Allegiance
- Temporary Allegiance
14
Q
What is Permanent Allegiance?
A
Permanent Allegiance is owed by an alien to his own country. It consists in the obligation of fidelity and obedience which a citizen or subject owes to his government or sovereign.
15
Q
What is Temporary Allegiance?
A
Temporary allegiance is the obligation of fidelity and obedience which a resident owes to our government.
16
Q
Can treason be committed in time of peace?
A
- The second element of treason is that there is a war in which the Philippines is involved.
- Treason is a war crime.
- Treason CANNOT be committed in time of peace. While there is peace, there are no traitors.
17
Q
Is treason a war crime? How?
A
Yes. Treason is a war crime. It is punished by the state as a measure of SELF-DEFENSE and SELF-PRESERVATION. The law on treason is an emergency measure. It remains dormant until the emergency arises. But as soon as the war starts, it is relentlessly put into effect.
18
Q
What are the two ways or modes of committing treason?
A
- By levying war against the Government
- By adhering to the enemies of the Philippines, giving them aid or comfort.
19
Q
What is the meaning of “levies war”
A
*Levying=demanding
Levying war requires the concurrence of two things:
- that there be an actual assemblying of men
- for the purpose of executing a treasonable design by force
20
Q
Upon searching the house of the accused, the Constabulary officers found a captain’s commission under seal. What is held?
A
It was held that the MERE acceptance of the commission from the secretary of war of the Katipunan Society by the accused, nothing else having been done, was not an ovet act of treason within the meaning of the law
- The actual ELISTMENT of men to serve against the government does not amount to levying war because there is no actual assembying of men
21
Q
What is considered traitors?
A
- There must be an ACTUAL ASSEMBLYING OF MEN
- A body of men be actually assembled for the purpose of effecting by force a treasonable design, al those who PERFORM ANY PART and who are actually involved in general conspiracy however minute or however remote from the scene of action are to be considered as TRAITORS>
22
Q
Is it necessary that there be a formal declaration of the existence of a state of war in treason by levying war?
A
- In treason by levying war, it is not necessary that there ba a formal declaration of the existence of a state of war to justify the conclusion that those engaged in such attempt are levying war and therefore guilty of treason.
- Actual hostilities may determine the date of the commencement of war.
23
Q
Is the war must be directed against the government?
A
- The war must be directed against the government. 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.
- It matters not how vain and futile the attempt was and how impossible the accomplishment. It is not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design in whole or in part.
24
Q
Are those during war who rise publicly to inflict an act of hate or revenge upin the persons of public officers do not commit treason by levying war?
A
Those who, during war, rise publicly to inflict an act of hate or revenge upon the persons of public officers do not commit treason by levying war because the public uprising is not directed against the government.
25
Is it necessary that the purpose of levying war is to deliver the country in whole or in part of the enemy?
**YES.** Levying war as an act of treason must be for the purpose of executing a treasonable design by force. Although in stating the acts constituting treason, Article 114 uses phrases:
1. "levies war against" the Government of the Philippines or
2. "adheres to" the enemies of the Phlippines, "giving them aid or comfort,"
it does not mean that adhering to the enemies is required only in the second mode of committing treason.
26
Is levying war against the Government is also punished as rebellion?
**YES.** Levying war against the government is also punished as rebellion, there must be a difference between treason committed by levying war and rebellion.
27
Is there treason when 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 Article 135 in relation to Article 134 of this Code.
28
What are the requirements of the second way or mode of committing treason?
In the second way or mode of committing treason, the requirements are:
1. Adherence
2. Giving aid or comfort to the enemy
--------------must concur together.
\*Adherence alone without giving aid or comfort to the enemy is not sufficient to constitute treason. And also, aid or comfort alone without adherence is not treason.
29
Define "Adherence to the enemy"
"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.
30
Define "aid or comfort"
"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.
31
Is the fact that the accused has friendly relations with the Japanese during the war, openly revealing himself sympathetic to the cause of the enemy and also believing in the invincibility of the Japanese Armed Forces? Is is treason?
It does NOT constitute in itself treasonable act as defined by law. The crime of treason consists of two elements:
1. adherence to the enemy
2. rendering him aid and comfort
32
Is emotional or intellectual attachment or sympathy to the enemy without giving the enemy aid or comfort treason?
It is NOT treason.
33
Is the sale to the enemy of alum crystals and water pipes consititute treason?
The sale to the enemy of alum crystals and water pipes does not per se constitute treason, because said articles or materials are not exclusively for war purposes and their sale does not necessarily carry an intention on the part of the vendor to adhere to the enemy. While the sale to the enemy of alum crystals and water pipes may do aid or comfort to the enemy, if there is no evidence of intent to betray, the person making the sale is not guilty of treason
34
Is giving information to or commandeering foodstuff for, the enemy is evidence of both adherence and aid of comfort?
The defendant's act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy. (*People v. Paar)* The defendant's act of commandeering foodstuff for the Japanese soldiers is sufficient proof of adherence to the enemy. (*People v Mangahas)*
35
Is treason applicable in The Indeterminate Sentence Law?
No. It is not applicable.
36
How the aid and comfort must be given to the enemy?
* 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 inlcudes such acts furnishing the enemy with *arms, troops, supplies, information, or means of transportation.*
37
What is the General Rule to be crime treasonous?
As a general rule, to be treasonous, the extent of the aid or comfort given to the enemies must be to render assistance to them as enemies and and not merely as individuals and, in addition, be directly in furtherance of the enemies' hostile designs.
38
is it treason when lending or giving money to an enemy as a friend or out of charity to the beneficiary so that he may buy personal necessities?
No, it is not treason. It is to assist him as an individual.
39
Is it treason when lending or giving him money to enabe him to buy arms or ammunition to use in waging war against the giver's country?
Yes, it is treason. Because it enhances strength and by th same count injuries the interest of the government of the giver.
40
Is it necessary that the act of treason committed actually strengthen the enemy?
It is not essential that the effort to aid be successful, provided overt acts are done which if successful would advance the interest of the enemy. It is said that there is aid and comfort no matter how vain or futile the attempt may be, as long as the act committed tends to strengthen the enemy. It is not the degree of success, but rather the aim for which the act was perpetrated, that determines the commission of the treason.
41
Is COMMANDEERING of women to satisfy the lust of the enemy is not treason?
Commandeering of women to satisfy the lust of Japanese offocers or men or to enliven the entertainments held in their honor was NOT treason.
42
Give some specific acts of aid or comfort constituting treason?
1. Serving as **informer** and active member of the Japanese Military Police, arresting guerilla suspects in an attempt to suppress the underground movement.
2. Serving in the Japanese Army as **agent or spy** and participating in the raid of guerilla hideout.
3. Acting as **"finger woman"** when a barrio was "zonified" by the Japanese, pointing out to the Japanese several men whom she accused as guerillas.
4. Taking active part in the mass killing of civilians by the Japanese soldiers by personally tying the hands of the victims.
43
Is being a Makapili constitutes an overt act of psychological comfort?
Being a Makapili is in itself constitutive of an overt act. The crime of treason was committed if he placed himself at the enemy's call to fight side by side with him when the opportune time came even though an opportunity never presented itself. Such membership bu its very nature gave the enemy aid and comfort. The enemy derived psychological comfort in the knowledge that he had on his side nationals of the country with which he was at war.
44
Is acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason?
The MERE acceptance of a public office and the discharge of functions and duties connected therewith, during the Japanese military occupation in the Philippines, do not constitute the felony of treason. But admitting that such acts were really of aid and comfort to the enemy, they cannot be punishable in this particular case, because there is no satisfactory proof of the adherence of the accused to the cause of the enemy.
45
When there is adherence to the enemy?
In People v Sison, the acceptance of the public office and discharge of official duties constitute treason.
46
Is mere governmental work suring the Japanese regime an act of treason?
No. Mere governmental work during the Japanese regime is NOT an act of treason.
47
Is membership in the police force during Japanese occupation is not treason? How about having active participation with the enemies in the apprehension of guerrillas and infliction of ill-treatments make such member liable for treason?
* Appellant's memebership in the police force of Manaoag does not itself constitute treason.
* Having accompanied the Japanese soldiers to the places of abode of guerilla leaders and the several ill-treatments which he personally inflicted upon them because of their refusal to disclose their connection with the guerilla forces constitute treason.
48
Can guerilla warfare be unlawful?
Guerilla warfare may be inlawful but it should not be suppressed. The argument is made that the accused was, at the most, merely obeying superior orders in the suppression of guerilla activities, which, in the opinion of his counsel, are outlawed by the rules of war.
49
Is one liable for treason when the arrest of persons alleged to have been guerillas was caused by the accused due to their committing a common crime, like arson?
There is no treason when the persons admitted that they were suspected for, and investigated for, having burned the house of one Pedro Daco and were confined in the provincial jail, and not in the Japanese garrison.
50
Is the aid or comfort given to the enemies must be AFTER the declaration of war?
**The aid or comfort given to the enemies must be after the declaration of war between the countries. The enemies must be the subject of a foreign power.**
* **The term "enemies" applies only to the *subject of a foreign power* in a state of hostility with the traitor's country. It does not embrace rebels in insurrection against their own country because they are still citizens and not enemies.**
51
Is there treason through negligence?
The overt act of aid and comfort to the enemy must be *intentional,* as distinguished from merely negligent or undesigned ones.
52
Is there a complex crime of treason with murder, physical injuries, etc.?
In the case of People v Prieto, where the accused, besides being a Japanese spy, took part in the execution of some of the gurilla suspects and in the infliction of physical injuries on the others, the Supreme Court held that the murder and physical injuries were INHERENT in the crime of treason characterized by the giving aid and comfort to the enemy.
53
How can the giving aid and comfort can be accomplished on treason?
In treason, the giving of aid and comfort can be accomplished only by some kind of action--- a deed or physical activity may be and often in itself in a criminal offense under another penal statute or provision.
54
When killings and other common crimes are charged as overt acts of treason, they cannot be regarded as what?
When killings and other common crimes are charged as overt acts of treason, they cannot be regarded as:
1. separate crimes
2. complexed with treason
55
When the RAPING mentioned in the information alleged is therein alleged not as a specific offense but as a mere element of the crime of treason and the illegal detention is another overt act of treason, are they merged with the crime of treason?
They are merged in the crime of treason.
56
Can the accused be considered guilty only of illegal detention under Article 267 of the RPC when the accused is chrged with treason with his act of arresting and detaining gurillas is proved, not only as the element of adherence to the enemy but also as the element of giving aid or comfort?
The accused cannot be considered guilty only of illegal detention under Article 267 of the R.P.C. But this rule would not preclude the punishment of murder or other common crimes as such, if the prosecution should elect to prosecute the culprit specifically for these crimes, instead of relying on them as an element of treason.
57
Can treason be committed outside the Philippines?
Treason can be committed by a Filipino who is outside of the Philippines, as Article 114 says "in the Phlippines or elsewhere"
58
Is treason by an alien must be committed in the Philippines?
An ALIEN RESIDING IN THE PHILIPPINES can be prosecuted for treason. Therefore, an alien who is not residing in the Philippines cannot commit treason.
59
Is treason a continuous offense?
Treason is of such nature that it may be committed by one single act, by a series of acts, or by several series thereof, not only in a single time, but in different times, it being a continuous crime.
All overt acts the accused has done constitute but a single offense. Proof of one count is sufficient for conviction.
60
What is Art 114 of the RPC, paragraph 2?
No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.
61
What are ways of proving treason?
A person may be convicted of treason on any of the following evidence only:
1. Testimony of two witnesses, at least, to the same overt act, or
2. Confession of the accused in open court (Art 114, paragraph 2, RPC)
62
What is the two-witness rule?
* The testimony of 2 witnesses is required to prove the overt act of giving aid ir comfort. It is not necessary to prove adherence.
* The two-witness rule must be adhered to as to each and every one of all the external manifestations of the overt act in issue.
* It is not required that their testimony be identical.
* The two-witness rule is "severely restrictive"
* The two-witness rule is not affected by the discrepancies in minor details of the testimony.
63
What is the reason for requiring the two witnesses to testify to the same overt act?
The special nature of the crime of treason requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. The extreme seriousness of the crime, for which death is one of the penalites provided by law, and the fact that the crime is committed on abnormal times, when small differences may in mortal enmity wipe out all scruples in sarcificing truth, require that, at least, two witnesses must testify as to overt acts of treason, if the same should be accepted by the tribunals as legal basis to condemn a person as a traitor.
64
Adherence may be proved by:
1. by 1 witness
2. from the nature of the act itself
3. from the circumstances surrounding the act
Adherence to the enemy may be inferred from his act of arresting persons suspected of being guerillas, his being armed and his being in company with armed Japanese soldiers.
65
Is confession must be made in open court?
Confession must be made in open court.
66
What confession means here? Is extrajudicial confession or confession made before the investigators sufficient to convict a person for treason?
Confession means a confession of guilt. Extrajudicial confession or confession made before the investigators is not sufficient to convict a person of treason.
67
Is Article 64 strictly applied to treason?
What is the penalty for treason?
* Article 64 is not strictly applied to treason.
* The penalty for treason committed by Philippine citizens is reclusion perpetua to death and a fine not to exceed 100 thousand pesos.
68
How are the crimes of conspircy and proposal to commit treason committed?
* 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 ir comfort, and decide to commit it (Article 8 and 14)
* 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. (Article 8 and 114)
69
Explain conspiracy or proposal as a felony
Although the general rule is that conspiracy and proposal to commit a felony is not punishable (Article 8), under Article 115 the mere conspiracy to commit treason is a felony. The mere proposal to commit treason is also a felony. Both are punishable under Article 115. The reason is that in treason the very existence of the state is endangered.
70
Is two-witness rule applies to conspiracy or proposal to commit treason?
The two-witness rule does not apply to conspiracy or proposal to commit treason because this is a separate and distinct offense from that of treason.
71
What are the elements of Misprision of treason?
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.
72
Is indeterminate sentence law applicable in misprision of treason?
It is not applicable.
73
Is misprision of treason can be committed by a resident alien?
Misprision of treason CANNOT be committed by a resident alien.
The offender must be owing allegiance to the Government, without being a foreigner.
74
When is the time when Article 116 does not apply?
Article 116 does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority because Article 116 speaks of "knowledge of any conspiracy against" the Government of the Philippines, not knowledge of treason actually committed by another.
75
What is Espionage?
**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.
76
What are two ways of committing espionage under Article 117? Mention the corresponding elements.
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 naturerelative to the defense of the Philippines.
* Elements:
* That the offender enters any of the places mentioned therein
* That he has no authority therefor
* That his purpose is to obtain information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines.
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 Article 117, which he had in his possession by reason of the public office he holds.
Elements:
* That the offender is a public officer
* That he has in his possession the articles, data or information referred to in paragraph No. 1 of Article 117, by reason of the public office he holds
* That he discloses their contents to a representative of a foreign nation
77
Distinguish espionage from treason.
Espionage is a crime not conditioned by the citizenship of the offender. This is also true as regards treason, in view of the amendment to Article 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:
1. levying war
2. adhering to the enemy giving him aid or comfort
While espionage may be committed in many ways.
78
What are the crimes classified as provoking war and disloyalty in case of war?
They are:
1. Inciting to war or giving motives for reprisals
2. Violation of neutrality
3. Correspondence with hostile country
4. Flight to enemy's country
79
What are the elements of inciting to war or giving motives for reprisals?
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.
80
Is it immaterial when
