Module 1 Flashcards
What are the crimes against National Security?
- T
- C
- M
- E
- Treason (114)
- Conspiracy and Proposal to Commit Treason (115)
- Misprision of Treason (116)
- Espionage (117
What are the crimes against the Law of Nations?
- ___ to War or Giving Motives for Reprisals (119)
- Violation of __ (120)
- Corresponding with __ Country (121)
- __ in General and __ on the High Seas (122)
- Inciting to War or Giving Motives for Reprisals (119)
- Violation of Neutrality (120)
- Corresponding with Hostile Country (121)
- Piracy in General and Mutiny on the High Seas (122)
Differentiate the crimes against national security vs law of nations.
Both can be prosecuted even if the criminal act or acts were committed outside the Philippines’ territorial jurisdiction. However, prosecution can only proceed for crimes against national security can only proceed if the offender is __ Philippine territory or brought to the Philippines pursuant to an ___ But, in the case of crimes against the law of nations, the offender can be prosecuted wherever he may be found because these crimes are regarded as committed against __ in general.
Both can be prosecuted even if the criminal act or acts were committed outside the Philippines’ territorial jurisdiction. However, prosecution can only proceed for crimes against national security can only proceed if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. But, in the case of crimes against the law of nations, the offender can be prosecuted wherever he may be found because these crimes are regarded as committed against humanity in general.
Which crimes under Title I can be committed under times of peace?
- E (114)
- __ to War or Giving Motives for Reprisals (118)
- Violation of ___ (119)
- Espionage (114)
- Inciting to War or Giving Motives for Reprisals (118)
- Violation of Neutrality (119)
The requisites for treason are:
1. Offender is a _____ or a ______.
2. There is ____ , the Philippines is involved.
3. Offender either:
a. _______
b. _______
Filipino, resident alien
war
levies war against the government
adheres to enemies, giving them aid or comfort
Requirements for levying war:
1. ______________
2. ______________ a treasonable design by force.
3._______ is to deliver the country in whole or in part to the enemy.
4. ______ with foreign enemy or some foreign sovereign,
- Actual assembling of men
- To execute
- Intent
- Collaboration
Two ways of proving treason
- Testimony of at least two witnesses
- Confession of accused in open court
Can treason be complexed with another crime?
No. If charged, it becomes identified with treason and cannot be the subject ot a separate punishment. (PP v. Prieto)
What are the requisites of conspiracy to commit treason?
- There is ____; the Philippines is involved.
- At least ____ persons come to an agreement to:
a. ________
b. _______ - They _________.
- war
- two; levy war against the government; adhere to the enemies, giving them aid or comfort
- decide to commit it.
What are the requisites of proposal to commit treason?
- There is _____; the Philippines is involved.
- .At least ___ persons decides to:
a. _______
b. _______ - He _______ its execution to some other persons
- war
- one; levy war against the government; adhere to the enemies, giving them aid or comfort
- proposes
What are the elements of misprision of treason?
- The offender a. __________ to the government. b. _________
- __________ of ________. to commit treason against the government
- He ______ the same from the authorities.
- owes allegiance; not a foreigner
- knowledge of conspiracy
- conceals
Espionage is the offense of _____, _____, or _____ information respecting the __________ with the intent or reason to believe that the information is to be used to the ______ of the Philippines.
- gathering
- transmitting
- losing
- national defense
First act punishable in espionage:
1. Offender ______, a ____ , ____ , or _____ or _____ or reservation.
2. He has ________.
3. His purpose is to ______ or other data of a ______ relative to the ______ of the Philippines.
- enters any of the following establishments, a warship, fort, naval, or military establishment
- no authority therefor
- obtain information, plans, photographs, defense
Second act punishable in espionage:
1. Offender is a _____.
2. He has in his _____, the articles, ____ or ____ referred to in par. 1, by _____.
3. He _____ their ____ to a _____.
- public officer
- possession, data, or information, reason of the public office he holds.
- discloses, contents, representative of a foreign nation
What are the acts of espionage under Commonwealth Act. 616
1._______ or _____ to be _____ information affecting national defense.
2. _______ of information affecting national defense.
3. _____ or ____ in times of peace.
4. _____ or ____ in times of war.
5. _____ to violate ________.
6. _____ or ______ violators of the law.
- Unlawfully obtaining or permitting to be obtained.
- Unlawful disclosing
- Disloyal acts or words
- Disloyal acts or words
- Conspiracy to violate preceding sections.
- Harboring or concealing