Title I Flashcards
- Treason
Elements:
1. Offender is a Filipino citizen or an alien residing in the Philippines
2. There is a war where Philippines is involved
3. Offender either levies war against the govt or adheres to the enemies, giving them aid or comfort
must be intentional
Art 114 Ways of Proving treason
- Testimony of 2 witnesses to the same overt act (not necessary in adherence, only in aid and comfort)
- Confession of the accused in open court
- Conspiracy to Commit Treason
Conspiracy- committed when in time of war, 2 or more persons come to an agreement to levy war against the govt or adhere to the enemies and to give them aid or comfort, and decide to commit it.
115 Proposal to Commit Treason
Proposal - committed when in time of war, a person who has decided to levy war against the govt or to adhere to the enemies and to give them aid or comfort proposes its execution to other people.
- Misprision of Treason
Elements:
1. Offender must be owing allegiance to the govt and not a foreigner
2. Has knowledge of any conspiracy against the govt
3. conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides
Who are the authorities to whom this knowledge should be disclosed? 1. Province - governor and fiscal 2. City - mayor and fiscal
- 1st way of committing Espionage
By entering w/o authority therefor, a warship, for, or naval, or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippines.
Elements:
a. Offender enters any of the places mentioned
b. He has no authority
c. His purpose is to obtain info, plans, photographs or other data of confidential nature relative to the defense of the Philippines
intention is necessary!
- 2nd way of committing Espionage
By disclosing to the representative of a foreign nation the contents of articles, data, or information referred in the previous paragraph which he had in his possession by reason of the public office he holds
Elements:
a. Offender is a public officer
b. He has in his possession the the articles, data or info by reason of the public office he holds
c. He discloses their contents to a representative of a foreign nation
- Inciting to war or giving motives for reprisals
Elements:
1. Offender performs unlawful or unauthorized acts
2. 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
Note: Committed in time of peace
- Violation of neutrality
Elements:
1. There is a war in which the Philippines is not involved
2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality
3. The offender violates such regulation
Can be committed in war and peace
- Correspondence with Hostile Country
Elements
1. It is in time of war in which the Philippines is involved;
2. Offender makes correspondence with an enemy country or
territory occupied by enemy troops;
3. The correspondence is either –
a. prohibited by the government;
b. carried on in ciphers or conventional signs; or
c. containing notice or information which might be
useful to the enemy.
Article 121.
Flight to Enemy’s Country
Elements
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the government;
3. Offender attempts to flee or go to enemy country;
Going to the enemy country is prohibited by competent
authority
Article 122.
Piracy in general and Mutiny on the Hig
Elements of piracy
1. The vessel is on the high seas or Philippine waters;
2. Offenders are neither members of its complement nor
passengers of the vessel;
3. Offenders either –
a. attack or seize a vessel on the high seas or in Philippine
waters; or
b. seize in the vessel while on the high seas or in Philippine
waters the whole or part of its cargo, its equipment or
personal belongings of its complement or passengers;
There is intent to gain.
Could theft be committed on board a vessel?
Yes. The essence of piracy is one of robbery
Elements of mutiny
Elements of mutiny
1. The vessel is on the high seas or Philippine waters;
2. Offenders are either members of its complement, or
passengers of the vessel;
3. Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its
equipment, or personal belongings of the
crew or passengers.
Article 123.
Qualified Piracy
Elements
1. The vessel is on the high seas or Philippine waters:
2. Offenders may or may not be members of its complement,
or passengers of the vessel;
3. Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its
equipment., or personal belongings of the crew
or passengers;
The preceding were committed under any of the following
circumstances:
a. whenever they have seized a vessel by boarding
or firing upon the same;
b. whenever the pirates have abandoned their
victims without means of saving themselves; or
c. whenever the crime is accompanied by murder,
homicide, physical injuries or rape.
Republic Act No. 6235
The Anti Hi-Jacking Law
Anti hi-jacking is another kind of piracy which is
committed in an aircraft. In other countries, this
crime is known as aircraft piracy
