Crimes Againts National Security

Question 1

How can a person commit treason?

Answer 1

o 1. Levying war against the Philippines

o 2. Adhering to the enemy, by giving aid or comfort

Question 2

Why must there be an overt act of giving aid or comfort?

Answer 2

Requirement of overt act of giving aid or comfort is to make sure that the crime of treason has moved from the realm of thought to the realm of action.

Question 3

X allowed his German-aligned son stay in his house. does it constitute the overt act of giving aid and comfort?

Answer 3

Yes

Question 4

What is the purpose of the two-witness rule?

Answer 4

Each witness must testify to the same overt act.

Question 5

When is there no need for the two witnesses?

Answer 5

If there is confession in open court, then no need for two witnesses.

Question 6

Is offering comfort women to enemy soldiers giving aid and comfort?

Answer 6

Sexual and social relations with Japanese soldiers do not materially improve their war effort.

Question 7

Is treason delito continuado?

Answer 7

Yes. Delito continuado contemplates a series of acts committed over time, but only instigated by a single criminal resolution.

Question 8

Can treason be committed when a State is occupied?

Answer 8

Yes, as long as it remains the de jure government, as when the Japanese occupied the PI.

Question 9

There are those who hid the principals in treason or helped them by giving arms. Can there be accomplices or accessories in treason? Or are they all principals?

Answer 9

As long as you performed an overt act, there is an act of treason already. There can be no accomplice or accessory in the crime of treason.

Question 10

Is treason a specific intent crime?

Answer 10

Yes. The specific intent is to deliver the country to the enemy.

Question 11

Aliens may also be guilty of treason. Under what circumstances?

Answer 11

If they are residents of the Philippines, because as resident aliens, they owe temporary allegiance to the Philippines. While they are here, they are under the protection of the Philippines.

Question 12

Is there a complex crime of treason with rape, murder, etc.?

Answer 12

No. It is a political crime, and thus absorbs these other component acts. These are essential elements of the crime of treason; without these, treason could not be committed.

Question 13

What do you mean by levying war?

Answer 13

There must be an actual assemblage of men for the purpose of executing treasonous design by force. They must be in such a position that they may overthrow the government. It is not even necessary that they be armed by high powered arms, but it is enough that they constitute enough men to overthrow the government.

Question 14

Is the use of unlicensed firearms aggravating in treason?

Answer 14

No

Question 15

Conspiracy or proposal to commit treason is a crime in itself?

Answer 15

Yes

Question 16

A and B Conspired to commit treason. What if they actually commit treason?

Answer 16

If they actually commit treason, these crimes lose their juridical personality and become mere modes.

Question 17

Is Conspiracy to Commit Treason a war-time crime only?

Answer 17

No. Conspiracy and proposal to commit treason MAY be committed during time of peace.

Question 18

What are the Elements of Misprision of Treason?

Answer 18

o 1. Aware of plan to commit treason;

o 2. Fails to report it to governor/mayor or fiscal

Question 19

Who can commit the crime of Misprision of Treason?

Answer 19

ONLY committed by Filipinos, not foreigners. Thus, dual citizens, who are foreigners too, may NOT be liable for misprision of treason

Question 20

How is Espionage Commited?

Answer 20

o 1. Without authority, entering warship, fort, etc. to obtain information, etc. of confidential nature
 Relating to national defense
o 2. Possessing by reason of public office the confidential information, etc. and disclosing them to foreign representative

Question 21

What are the two modes of committing piracy?

Answer 21

o 1. Attacking or seizing a vessel on high seas or Philippine waters
o 2. Seizing cargo, equipment, or personal belongings or complement or passengers on high seas or Philippine Waters

Question 22

Who may commit piracy?

Answer 22

The offenders must not be members of the complement or passengers

Question 23

What if they are members of the crew or they are passengers?

Answer 23

A. There is mutiny, not piracy, through:
 Unlawful resistance to superior officer
 or raising commotions and disturbances on board

Question 24

What are the Qualifying circumstances in Piracy?

Answer 24

o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save themselves
o 3. Attended by murder, homicide, PI, or rape

Question 25

What is the relationship of piracy with the common crimes committed to accomplish it?

Answer 25

For these common crimes to be an element of piracy, they must accompany the crime of piracy. There is no complex crime of piracy with rape, or murder, or PI. There is only one crime of piracy. It is a single, indivisible offense. Do not apply Art 48.

Question 26

Relate Piracy to Terrorism

Answer 26

Piracy in Philippine waters and the high seas are predicate crimes of terrorism. If these are committed for purpose of sowing terror in the population, then terrorism is committed, with these as predicate crimes.

Question 27

What is Anti-Hijacking

Answer 27

o 1. Compel a change of course of a Philippine aircraft or seize control thereof while in flight
 When is it “in flight”?
 When all the external doors are closed after embarkation.
o 2. Compel foreign aircraft to land in Philippine territory or seize control thereof while in the Philippines
o 3. Ship, load, or carry in public passenger aircraft explosive, corrosive, flammable, or poisonous materials
o 4. Ship, load, or carry in

Question 28

What is terrorism?

Answer 28

Sowing widespread and extraordinary fear and panic among the populace to coerce the government to give into an unlawful demand, and committing the following any of the acts enumerated.