Title 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Question 1

Crimes Against National Security

Answer 1

Art. 114. Treason
Art 115.Conspiracy and Proposal to Commit Treason
Art 116. Misprision of Treason
Art 117. Espionage
Art. 118. Inciting to war or giving motives for reprisals
Art. 119. Violation of neutrality
Art. 120. Correspondence with hostile country
Art. 121. Flight to enemy’s country
Art. 122. Piracy in general and mutiny on the high seas
or in Philippine waters
Art. 123. Qualified Piracy

Question 2

Definition

Art. 114. Treason

Answer 2

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

Question 3

Elements

Art. 114. Treason

Answer 3

(1) Offender is a Filipino citizen or an alien residing in the Philippines.
(2) There is war in which the Philippines is involved.

(3) Offender either –
A. Levies war against the government
B. Adheres to the enemies and gives them aid or comfort

Question 4

Elements - Conspiracy

ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Answer 4

a. In time of war
b. There are two or more persons

c. Such persons come to an agreement:
i. To levy war against the government; or
ii. To adhere to the enemies and give them aid
or comfort

d. They decide to commit the agreement

Question 5

Elements - Proposal

ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON

Answer 5

a. In time of war
b. A person who has decided to levy war against the government or adhere to enemies and give them aid and comfort
c. Proposes its execution to some other person or persons

Question 6

Definition

ART. 116. MISPRISION OF TREASON

Answer 6

An act of concealing or not disclosing knowledge of any conspiracy to commit treason.

Question 7

Elements

ART. 116. MISPRISION OF TREASON

Answer 7

(1) Offender owes allegiance to the Government, and is not a foreigner;
(2) He has knowledge of conspiracy to commit treason against the Government;
(3) 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.

Question 8

Definition

ART. 117. ESPIONAGE

Answer 8

An 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 Philippines or to the advantage of any foreign nation

Question 9

Two ways of committing espionage

ART. 117. ESPIONAGE

Answer 9

(1) Entering, without authority, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense.
(2) Disclosing to the representative of a foreign nation the contents of article, data or information which offender has in his possession by reason of his public office.

Question 10

Elements

ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

Answer 10

(1) Offender performs unlawful or unauthorized acts;

(2) The acts provoke or give occasion for:
a. A war involving or liable to involve the Philippines;
b. Expose Filipino citizens to reprisals on their persons or property

Question 11

Definition - Neutrality

ART. 119. VIOLATION OF NEUTRALITY

Answer 11

When a nation or power takes no part in a contest of arms going on between others it is referred to as neutral.

There must be regulation issued by competent authority for the enforcement of neutrality.

Question 12

Elements

ART. 119. VIOLATION OF NEUTRALITY

Answer 12

a. There is a war in which the Philippines is not involved.
b. There is a regulation issued by competent authority for the purpose of enforcing neutrality.
c. Offender violates such regulation.

Question 13

Definition - Correspondence

ART. 120. CORRESPONDENCE WITH
HOSTILE COUNTRY

Answer 13

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

Question 14

Elements

ART. 120. CORRESPONDENCE WITH
HOSTILE COUNTRY

Answer 14

a. Time of war in which the Philippines is involved;
b. Offender makes correspondence with an enemy country or territory occupied by enemy troops;

c. Correspondence is either –
i. Prohibited by the government;
ii. Carried on in ciphers or conventional signs;
iii. Containing notice or information which might be useful to the enemy.

Question 15

Elements

ART. 121. FLIGHT TO ENEMY’S COUNTRY

Answer 15

a. There is war in which the Philippines is involved.
b. Offender owes allegiance to the Government.
c. Offender attempts to flee or go to enemy country.
d. Going to enemy country is prohibited by competent authority.

Question 16

Definition

Art. 122. PIRACY

Answer 16

The Robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility

Question 17

2 ways to commit piracy

Art. 122. PIRACY

Answer 17

(1) By attacking or seizing a vessel on the high seas or
in the Philippine waters (PD 532)

(2) By seizing the whole or part of the cargo of said
vehicles, its equipment or personal belongings of
its complement or passengers

Question 18

Elements

Art. 122. PIRACY

Answer 18

a. Vessel is on the high seas or in Philippine Waters;

b. Piracy: Offenders are non-members of its
complement or non-passengers of the vessel;
Mutiny: Offenders are members of the crew or
passengers; and

c. Offenders either:
i. Attack or seize the vessel;
ii. Seize the whole or part of the cargo of the said vessel, its equipment or personal belongings of its complement or passengers

Question 19

Elements

ART. 123. QUALIFIED PIRACY

Answer 19

a. The vessel is on the high seas or Philippine waters;
b. Offenders may or may not be members of its complement, or passengers of the vessel;

c. Offenders either:
i. Attack or seize the vessel; or
ii. Seize the whole or part of its cargo, its equipment, or personal belongings of its
crew or passengers.

d. The preceding was committed under any of the following circumstances:
i. Whenever they have seized a vessel by boarding or firing upon the same;
ii. Whenever the pirates have abandoned their victims without means of saving themselves;
iii. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Question 20

Acts Qualifying Piracy

ART. 123. QUALIFIED PIRACY

Answer 20

(1) Boarding or firing upon the vessel;
(2) Abandonment of victims without means of saving themselves; or
(3) Crime is accompanied by murder, homicide, physical injuries or rape (regardless of number of victims)