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Criminal Law II > Title 1 - (114-123) National Security and The Law of Nations > Flashcards

Title 1 - (114-123) National Security and The Law of Nations Flashcards

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1
Q

Article 115

A

Treason

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2
Q

what is title one of book two and its scope?

important bc extra-territorial JD applies only to these titles

A

crimes against national security and law of nations (114-123)

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3
Q

what is treason?

LB

A

a breach of allegiance to a government, committed by a person who owes allegiance to it.

article 114

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4
Q

what is allegiance?

A
  • obligation of fidelity & obedience
  • owed to the government
  • for protection received

[notes]
the obligation of fidelity and
obedience which the individual owes to the government under which he lives or to his sovereign, in return for the protection he receives.

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5
Q

can an ‘alien’ commit treason?

A

Hence an alien residing in the Philippines may be prosecuted for acts of treason due to the temporary allegiance he owes to the Philippine government.

[resident = alien]

[gpt]
Aliens are subject to the laws and regulations of the host country during their stay, and in return, they benefit from the protection and privileges provided by that government. The obligation of fidelity and obedience is often seen as reciprocal, where the individual agrees to abide by the rules of the host country in exchange for the rights and protections afforded to them.

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6
Q

what are the elements of treason

A
  1. offender owes allegiance (citizen or resident)
  2. there is a war Philippines is involved
  3. Committed it by mode of
    • levies war against government
    • adheres to the enemies, giving aid or comfort
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7
Q

where is the place of commission for an a citizen and a resident to commit treason?

A

[a]
citizen - anywhere RPC (Art 2)

[GEN b]
alien - only in Phil (EO 44)
[EXC b]
alien involved in conspiracy

[GPT b]
“if an alien is part of a conspiracy to commit treason against the Philippines, their involvement in the conspiracy may be considered an offense even if the physical act is committed outside the Philippines.”

“The alien, while not directly owing allegiance to the Philippines, becomes part of the conspiracy.”

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8
Q

Juan and Pedro, both citizens of the phil for the purpose of resisting a statute due to the war between Philippines and China. They plan an armed uprising to replace the gov’t with their leader to side with a mercenary group to assist them in the war against China

Is Juan and Pedro liable for treason? What is their crime if any?

A

No, if the purpose is not to help the enemy (china) then it is not treason

The crime here is rebellion

“Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”

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9
Q

Juan and Pedro, both citizens of the phil conspired to commit treason upon hearing rumors in an potential and incoming war between Philippines and China. They plan to defect to China and provide information regarding Philippines

Is Juan and Pedro liable for treason?

A

No, they are not simply because one of the elements to commit treason is that the Philippines must be involved in a war

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10
Q

how is levying war against the gov’t committed?

A
  • actual assembling of men
  • purpose of executing a treasonable design by force
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11
Q

One day, members of Jaegerist, armed with various weapons, gather near the capital city. Without any formal declaration of war, they launch a coordinated attack on key government installations, including the presidential palace. The attack results in significant property damage, injuries, and loss of life.

All Jaegerists were caught but claimed, although they intended to overthrow the government, no formal claim of war was proclaimed.

Will their defense prosper?

LB

A

No, in the case of US v Lagnason, a formal declaration of war is not necessary and actual hostilities may determine the date of the commencement of war.

LagNASYON - Nation - Lagnason

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12
Q

Faction A dissatisfied with a new statute resisted it.

Is this treason?

A

No.

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13
Q

Jaegerist in their treasonable design, only completed a part of their plan, is this treason?

A

Yes, so as long as their treason by levying war is to help the enemy

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14
Q

What are the elements to the mode of committing treason of ‘adherence to the enemies, giving aid and comfort

A

both is required - adherence & giving aid or comfort

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15
Q

what is referred to with the word ‘enemy’?

A

only to foreign power hostile to traitor’s country

X - not adherence to enemies within one’s coutry

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16
Q

what constitutes aid or comfort?

A

the act directly and materially TENDS to improve the conduct of war of the enemy or conduct of warfare

OR

TENDS to weaken the power of the traitor’s country to resist or attack the enemy

it does NOT need to actually strengthen or be successful

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17
Q

what does ‘adherence to enemy’ mean?

A
  • intent to betray
  • intellectually/emotionally favors the enemies &
  • has sympathies or convictions disloyal to his country’s interest
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18
Q

give examples of acts rendering aid or comfort

A
  • giving information to (pp v. paar)
  • appropriating food (pp v. mangahas)
  • psychological comfort of being
    a Makapili (pp v. adraino)
  • enlisting in invader’s army (pp v. adriano)
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19
Q

how is adherence proven?

A
  1. proven by one (1) witness
  2. from the nature of the act itself OR
  3. circumstances surrounding the act
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20
Q

ways of proving treason

A
  1. two-witness rule OR
  2. confession of guilt by the accused in OPEN COURT
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21
Q

ways of proving treason by overt act

A
  • testimony of two witnesses, at least, to the same overt-act OR
  • if overt act is separable, two witnesses must testify to each part of the overt act
  • It’s sufficient that the witnesses are uniform in their testimony on the overt act . Not necessary to have corroboration (confirmation) between them

[gpt]
Therefore, if Part 1 has only one witness, it would not meet the requirement. Both parts of the overt act must individually fulfill the two-witness rule for the act as a whole to be considered proven.

In summary, to successfully prove a treasonous overt act with separable parts, each part must have at least two witnesses providing testimony. If any part falls short of this requirement, it may impact the overall proof of the treasonous act.

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22
Q

In Jurisland, Juan, a high-ranking member of the National Unity Party (NUP), orchestrates a bombing at a government facility to weaken the government and aid the NUP’s cause. The bombing results in casualties and disruption. During the investigation, it is revealed that Juan and his accomplices embezzled funds and illegally possessed firearms.

what is the crime?

A

Treason

Treason absorbs crimes committed in
furtherance thereof. Treason cannot be
complexed with other crimes

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23
Q

In Jurisland, Juan, a high-ranking member of the National Unity Party (NUP), orchestrates a bombing at a government facility to weaken the government and aid the NUP’s cause. The bombing results in casualties and disruption. During the investigation, it is revealed that Juan and his accomplices embezzled funds and illegally possessed firearms. Juan raped Juana

what is the crime?

A

Treason with one count of rape

Treason absorbs the crime of embezzled funds and illegally possessed firearms as these crimes are in furtherance thereof. Rape does not and so is a separate charge.

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24
Q

Maria, a government official, engages in a series of covert activities passing sensitive information every Sunday at 2pm to a hostile foreign nation. She has done this 16 times covering a span of 4 months.

How many counts of treason did Maria do?

A

One.

Treason is a CONTINUOUS OFFENSE.
All overt acts of treason that the accused
has committed constitute a single offense.

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25
Q

What are the defenses allowable and unallowable defenses for committing treason?

A

[a]
1. duress and fear of immediate death
2. obedience to de facto government
(acceptance and discharge of official duties under the enemy do not constitute treason
[EXC-2a]
- when accepted position and discharge is policy-determining, it constitutes treason

[un]
- suspended allegiance
- change in sovereignty
- loss of citizenship

[GPT]
Not Allowed Defenses:

Suspended Allegiance: The defense of suspended allegiance is not allowed. This means that even in times of war, an individual cannot claim that their allegiance to their country is temporarily suspended. Sovereignty is not suspended during war; only its exercise may be restricted or altered.

Change in Sovereignty: A change in sovereignty, meaning the shift from one government to another, is not an acceptable defense to treason. Individuals are expected to remain loyal to their own government, even during periods of conflict or war.

Loss of Citizenship: Loss of citizenship is also not a valid defense to treason. Regardless of changes in citizenship status, individuals are typically held accountable for actions taken against their country during times of war.

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26
Q

In Jurisland, during a time of conflict with a neighboring nation, Maria, a government employee, accidentally misplaces classified documents containing sensitive information. Unbeknownst to Maria, these documents end up in the hands of enemy agents and provide strategic advantages to the opposing nation

is Maria’s act constituting of treason? why/why not

A

It does not constitute a crime of treason

Solely because it was not in the intention of Maria to betray her country.

[notes]
Treason requires intentional acts; negligence or inadvertent actions that unintentionally aid or comfort the enemy do not qualify as treason. The accused must have a deliberate and conscious intention to betray their own country.

There is no treason thru negligence. The
overt act of giving aid or comfort to the
enemy must be intentional

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27
Q

what are the circumstances that are inherent in treason?

A
  • abuse of superior strength
  • treachery
  • evident premeditation
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28
Q

circumstances aggravating treason

A
  • ignominy
  • cruelty
  • amount or degree of aid
  • gravity of separate distinct acts of treason
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29
Q

Does the two-witness rule apply to conspiracy or proposal to commit treason?

A

does NOT apply because this is a separate and distinct offense

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30
Q

article 115?

A

Conspiracy and Proposal to Commit Treason

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31
Q

What is Article 116?

A

Misprision of treason

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32
Q

What is penalized in art. 115 on conspiracy

A

the mere conspiracy to commit treason and
(not above 2 million, PM)

the mere proposal to commit treason
(not above 1 million, PC)

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33
Q

where can crimes against law of nations be tried?

A

[gpt]
ICC - international criminal court
RTC - RA 9851

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34
Q

what are the elements of misprision of treason?

A
  1. offender is a citizen of Phil
  2. has knowledge of any conspiracy against the gov’t
  3. the conspiracy is one to commit treason
  4. he conceals / does not disclose and make known the same as soon as possible to the proper authority

[gpt]
3 - The phrase “the conspiracy is one to commit treason” means that the primary objective or purpose of the conspiracy is to commit treason. In this context, “one” does not refer to the individuals involved in the conspiracy; rather, it emphasizes the nature or goal of the conspiracy itself.

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35
Q

what is article 117

A

espionage

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36
Q

define espionage

A

offense of gathering, transmitting, or losing information regarding national defense WITH THE INTENT to believe that the information is used to injure Philippines or to advantage the foreign nation

[article 117] - 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 a foreign nation.

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37
Q

what are the 2 ways of committing espionage

A

[A]
1. By entering, without authority [wnmfr], a warship, fort, or military or naval establishment or reservation

  1. to obtain any [ipd] information, plan or other data of confidential nature
  2. relative to the defense of the Philippines

note
- not necessarily liable when actually obtained but sufficient is intention relative to national defense

[B]
1. By DISCLOSING to the representative of a foreign nation
2. the contents of the articles, data or information referred to in the preceding paragraph,
3. which he had in his possession by reason of the public office he holds

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38
Q

who are the persons liable for committing espionage ?

A

paragraph 1 = anyone who commits
paragraph 2 = public officers

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39
Q

what are the six ways of committing espionage under CA 616?

A
  1. Unlawfully obtaining or permitting to be obtained information affecting national defense
  2. Unlawfully disclosing information affecting national defense
  3. Disloyal acts or words in time of peace
  4. Disloyal acts or words in time of war
  5. Conspiracy to commit the preceding acts
    1. Harboring or concealing violators of the Act

7-10 is much longer

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40
Q

what is article 118

A

inciting to war or giving motives for reprisals

reprisal - (revenge)

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41
Q

what are the elements of article 118 (inciting to war or giving motives for reprisal)

A
  1. offender performs unlawful OR unauthorized acts
  2. such acts provoke or give occasion for:
    a. a war involving or liable to involve the Philippines or
    b. Expose Filipino citizens to reprisals on their persons and property.
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42
Q

is the intention of the offender material in violating art. 118?

A

intention is immaterial

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43
Q

can inciting to war or giving motives for reprisal be committed in time of peace?

A

This is committed in time of peace

  • penalty is higher when the offender is a public officer or employee
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44
Q

define repirsal

A
  • self-help act by the injured state in response to an unsatisfied demand to an act contrary to international law by the offending party

[note]
an act of self-help on part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state (Naulilaa Incident Arbitration Portuguese-German Arbitral Tribunal, 1928)

[gpt]
Initial Act:
Country A violates international law by conducting unauthorized military operations in the territorial waters of Country B.

Unsatisfied Demand:
Country B formally demands that Country A cease its military operations immediately and offers a diplomatic solution. However, Country A does not comply with the demand and continues its actions.
Reprisal (Act of Self-Help):

In response to the unsatisfied demand and ongoing violations, Country B may take proportional and lawful countermeasures. For example, it might detain vessels belonging to Country A in its own territorial waters, imposing sanctions or restrictions in response to the initial breach by Country A.
In this example, the reprisal is a measured and targeted response by Country B to address the violation committed by Country A. The purpose of reprisals is generally to prompt the offending state to rectify its actions and comply with international law

45
Q

what is article 119 and define

A

119 - violation of neutrality

the condition of a nation that in
time of war takes no part in the dispute but continues peaceful dealings with the belligerents (hostile ones)

  • There must be a regulation issued by competent authority (President or the Chief of Staff of the AFP) for the
    enforcement of neutrality.
46
Q

what must concur (agree/approve) in order to constitute the crime of violation of neutrality

A
  1. That there is a war in which the Philippines is NOT involved;
  2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality;
  3. That the offender violates such regulation.
47
Q

what is article 120?

A

article 120 correspondence with hostile country

48
Q

Correspondence with hostile country elements

A
  1. That it is made in time of war in which the Philippines is involved;
  2. That the offender makes correspondence with the:
    a. Enemy country or
    b. Territory occupied by the enemy
    troops;
  3. That the correspondence is either:
    a. Prohibited by the Government; OR
    b. Carried on in ciphers OR conventional signs; OR
    c. If notice or information be given
    thereby which might be useful to the
    enemy.
49
Q

what is the meaning of correspondence

A

communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations.

 Even if the correspondence contains innocent matters, IF the correspondence has been prohibited by the government, THEN it is punishable because of the possibility that some information useful to the enemy might be revealed unwittingly.

 Prohibition by the Government is NOT essential when the correspondence is carried on in ciphers or useful to the enemy

50
Q

can a resident alien be liable for art. 121?

A

An alien resident may be guilty of flight to enemy country, because an alien owes allegiance to the Philippine government albeit temporary.

51
Q

will the mere attempt to flee to enemy country consummate the felony?

A

Mere attempt to flee or go to enemy
country consummates the crime.

52
Q

what is art 122? and its elements

A

piracy in general and mutiny on high seas or in philippine waters

(elements)
1. That a vessel is on the high seas or on Philippine waters;

  1. That the offenders are NOT members of its complement (accompaniment) or passengers of the vessel;
  2. That the offenders:
    a. Attack or seize the vessel; or
    b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers.
53
Q

what is the meaning of ‘high seas’?

A

– waters which are beyond the boundaries of the low-water mark, although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea).

54
Q

define piracy

A

– it is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi (intention to steal) and in the spirit and intention of universal hostility.

55
Q

distinguish piracy from robbery on the high seas

A
56
Q

define mutiny

A

the unlawful resistance to a superior,
or the raising of commotions and disturbances on board a ship against the authority of its commander

57
Q

distinguish piracy from mutiny

A

place of commission (both): either in Philippine waters or on the high seas

[P]
- person who attack a vessel or seize its cargo are strangers to the vessels
- Intent to gain is essential

[M]
- mutiny is committed by members of the crew or passengers
- the offenders may only intend to ignore the ship’s officer or they may be prompted by a desire to commit plunder.

58
Q

what is article 123

A

qualified piracy

59
Q

what amendments were introduced by RA 7659 on piracy?

A

[gpt]
Imposition of the Death Penalty:

RA 7659 amended Article 122 of the Revised Penal Code, introducing the death penalty for certain heinous crimes, including piracy. The penalty of death was imposed for acts of piracy committed in Philippine waters. (death penalty is abolished)

60
Q

what is qualified piracy?

A

“The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas”

61
Q

In the Republic of Allegria, during a time of conflict with a neighboring nation, Carlos, a government official, learns about a plot to commit treason within his department. Despite being aware of the treasonous plan, Carlos does not report it to the authorities. The treasonous act is eventually carried out

is Carlos liable for misprision of treason?

what is his degree of punishment

A

No, Art. 116 does NOT apply when treason is already committed and the accused does not report its commission.

punished in the level of an accessory to conspiracy

62
Q

In the Kingdom of Concordia, Sofia discovers that her close friend, Ricardo, is actively involved in planning acts of treason against the monarchy. Rather than reporting Ricardo’s plans, Sofia remains silent. Eventually, she was captured but remained silent

will her silence be honored?

what is her degree of punishment

A

No, Art 116 (Misprision of Treason) is an EXC to the rule that mere silence does not make a person criminally liable

she will be punished with the level of an accessory to the crime of treason

63
Q

differentiate Piracy under RPC (amended by RA 7659) and PD 532

A

[RPC]
- high seas OR phil waters(7659)
- Offenders: Nonpassengers or nonmembers of the crew or strangers to the vessel.
- Abbettors: penalized as accessories

[532]
- phil waters ONLY
- Offenders: any person from within (may be a passenger, crew or a stranger). or a stranger
- abbettors: penalized as accomplices

64
Q

Aiding or Abetting of Piracy

A

RPC - accessory
PD 532 - accomplice

Any person who shall knowingly aid or abet piracy will be considered as an accomplice in the commission of piracy and punished according to the rules under the RPC.

65
Q

requisites of aiding or abetting of piracy

A
  1. Knowingly aids or protects pirates;
  2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom;
  3. Directly or indirectly abets the commission of piracy.
66
Q

qualifying circumstances of piracy (article 123)

A
  1. Whenever the offenders have seized the vessel by boarding or firing upon thesame;
  2. Whenever the pirates have abandoned their victims without means of saving
    themselves;
  3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

 The “crimes” mentioned in the article
which are qualified are piracy and
mutiny on the high seas.
 Qualified piracy is a SPECIAL
COMPLEX CRIME punishable by
reclusión perpetua to death,
regardless of the number of victims.
 Offenders are not liable for the
separate crimes of murder, homicide,
physical injuries, or rape.

67
Q

what is qualified mutiny

A

When the second or the
third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not
qualify the crime of mutiny.

68
Q

anti-hijacking law RA?

A

RA 6235

69
Q

aircraft is in flight

A

from the moment all exterior doors are closed following embarkation until the same doors are again
opened for disembarkation.

70
Q

what are the acts punished in 6235

A
  1. Usurping or seizing control of an aircraft of Philippine registry WHILE IT IS IN FLIGHT; or compelling the pilots thereof to change its course or destination;

Note: When the aircraft is NOT in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be.

  1. Usurping or seizing control of an aircraft of foreign registry, WHILE WITHIN PHIL. TER, or compelling the pilots thereof to land in any part of Philippine territory;
  2. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, explosive or poisonous substances; (PCEF)

(note: It applies to substances carried or loaded on aircraft used for transporting passengers.)

  1. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, explosive or poisonous substance (PECF) if not done in accordance with the rules and regulations of the Air Transportation Office.

note: (substances carried or loaded on board cargo aircraft, and the legality depends on compliance with rules and regulations set by the air transportation office.)

[note 4]
Note: There is NO attempted hijacking since it is punishable under a special law and attempted stage is not punishable under the
said law.

71
Q

Notes on Anti-Hijacking Law (RA 6235)

A

 On the (3) and (4) situations the distinction exists in the identification of the kind of aircraft. In both cases, it only applies to public utility aircraft in the Philippines.

 Under Sec. 7 of this law, physical or damage to property that would result from the carrying or loading of such materials enumerated is not only prosecuted under the antihijacking law but also for the crime of physical injury or damage to properties under the RPC.

 If the explosives were planted in the aircraft to blow up the same, the circumstance will qualify the penalty and the resulting death is not punishable as a separate crime of murder under the anti-hijacking law.

72
Q

Aggravating circumstances to acts punished under 1 and 2 of the preceding card

A

a. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft;

b. When the offender has exploded OR attempted to explode any bomb or explosive to destroy the aircraft;

c. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape. (Thus, such common crimes are considered aggravating circumstances only; they are not separated from or complexed with the crime of hijacking)

73
Q

LECTURE TIME

A

LECTURE TIME

74
Q

Pirate Paul stole the cargo and is a passenger while in the high seas

how will we charge Paul?

A

under 122, it cannot be committed by a complement/passenger but it is in high seas

under 532, it can be committed by complement/passenger Paul but the water is NOT within Philippine water

NEITHER

Art 2, robbery or theft provided that the vessel is a registered in the Philippines. Thereby, an extended territory.

75
Q

Just like piracy, the vessel can be in the high seas or philippine seas. Mutiny

this time member is a complement
- they attacked the ship
- or seize in the cargo

the diffrence lies in the perpetrator
can be a stranger, member of complement or passenger

intent to gain is not an element compared to piracy.

A
76
Q

qualified piracy qualifying circumstance.

how is the first circumstance different seized by (boarding or firing a vessel) different from attacking the vessel (art 122)

when is boarding a vessel simple and qualified piracy?

A

BOARDING
simple piracy - temporary boarding
qualified piracy - taking command of the ship

77
Q

aircraft is in flight - - from the
moment all exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.

what if it was closed doors but hasn’t take flight because of an investigation?

A

it doesn’t negate the fact that it was in flight.

78
Q

would pjysical injury in loading substance

if you board those subtances in a public utility CARGO aircraft and some people sustained injuries. that can be charged as a separate crime.

A

noted

79
Q

is exclusive economic zone. is it our Philippine sea or high seas

sovereign rights is given for EEZ but not sovereignty

A

[GPT]

Sovereign rights, as defined by UNCLOS, grant coastal states like the Philippines exclusive rights over the exploration and use of marine resources in their EEZ. These rights include the authority to explore and exploit living resources (such as fish) and non-living resources (such as oil and gas)
but it doesn’t exclude the rights and freedoms of other states for navigation, overflight, and certain activities.

80
Q

intention to steal latin

A

animo furandi

81
Q

Jan 16 - LEC

A

JAN 16 - LEC

82
Q

a crime committed
- has to be a Filipino, or very least a resident therein

  • why resident (in war, they should not commit any treason)
A

treason is committed in time of war (dormant crime)

83
Q

knowledge check: what is intent

A

the use of a particular means to effect a particular result

84
Q

in treason, it does NOT suffice if person has adhere to the enemy. adherence to the enemy must be coupled wtih

A

GIVING aid and comfort (this is the overt act to justify ‘adhering to the enemy)

85
Q

what is giving aid and comfort?

A

it is enough if it tends to stregnthen the enemy or if it tends to weaken our country

[ex]
giving weapons to them doesn’t necessarily strengthen the enemy but it tends to strengthen the enemy in the conduct of warfare

86
Q

Ex. rumors Phil vs China of a potential war. Pedro then positions himself at an advantage to China by providing information to their gov’t.

is Pedro liable?

A

No, because war has not broken out. There is no treason.

87
Q

if Pedro vocally says his sentiment and complaints with PHilippines and wanting to side with China now in a current war.

Will he be liable?

A

if simply adhere to the enemy but do not giving aid & comfort, you are not held liable.

88
Q

during japan war, philippine ladies were to give sexual comfort to the enemies.

are they liable?

A

no. giving aid and comfort has to be in the conduct of warfare.

89
Q

treason is a continuous crime

A

treason is a continuous

90
Q

knowledge check: when is an offense continuous crime

A

any other crime … x

  • that is committed over a period of time that is considered to hae to have one singular intent
  • any court in the phil archipelag can take conza , the moent, it will not be the eexluvsion of all others.
91
Q

filipino citizen

A

can be libale even if outside

92
Q

war against of the government

A
  • actual/physical assembly of men
93
Q

10 and communicate all over region and agreed to attack out

will assembly thru zoom be cnsidered actual assembly (?)

A

JP is silent on the matter

94
Q

what is the purpose of actual assembling of men

A

purpose of executing a treasonable deign by force.

95
Q

how is treason proven

A
  1. testimony of at least two witnesses
    - it suffice that it is coroborrative. (not necessarily identical)
  2. confession by the accussed in an open court
96
Q

why at least two witnesses?

A

treason is a heinouse crime (graveoisu) that’s why it needs 2 witnesses.

97
Q

what is open court in proving treason?

A
  1. competent JD (either RTC or SB)
    salary grade is above 27
98
Q

what if confession is made in the MTC, MTCC.

what happesn?

A

it will not be given judicial notice simply because it was not made in an open court

99
Q

knowledge check: define conspiracy

A

exists when 2 or more persons come to an [AGREEMENT] concerning the commission of a felony and [DECIDE] to commit it

Art. 8

100
Q

knowledge check: 2 modalities of conspiracy

A
  • conspiracy is a crime in itself (if defined and penalized) even if it has not been executed
  • incurring criminal liability (executed the overt act in furtherance)
101
Q

knowledge check: what is a proposal

A

one has decided to commit felony and proposes to another

102
Q

proposal for treason elements

A

. wage war against
. or adhere in giving aid and comfort

& prpose to another BUT short to the agreement to the person

103
Q

when is the excepetion to not inform gov’t of treason.

A

priest’s absolute confidentiality with a person confessing who is committing treason

104
Q

espionage, what if you were able to obtain info and do not enter in the first place

is a person liable of espoinage?

A

no, construed laws are strictly against the State.

pedro did not enter. even if all elements are there, pedro is not libale

105
Q

espionage, (based on the book) what if you disclose it to a filipino and then that person gives it to the represenative

is the first liable?

A

no, striclty construed. not held liable.

106
Q

in CWA 616 you cannot

A

graduate the penalties but simply impose them

107
Q

espoinage v treason

A

treason - conditioned that it must be at war against a foreign sovereing
espionage - can be committed in times of peace.

treason - acnchored in the citizenship (one who is residen
espionage - not anchored on the citizenship/allegiance of the offender to the state

ESPIONAGE- 2 ways committed (117 rpc
- committed 6 ways (CWA 616)

108
Q

article 119 violaktion of neutrality

A

can ONLY be committed when the philippine made pronouncemnt

109
Q

can violation of neutrality between
ukraine v russia (there is war)

china v taiwan (no war)

A

there is no war on going in china and taiwan but yes there is for ikraine

Criminal Law II (36 decks)

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