Title I_crimes against national security and the law of nations

Question 1

What are the elements of treason?
[Article 114]

Answer 1

1. The offender is a Filipino citizen or an alien residing in the Philippines (offender owes allegiance to theGovernment of the Philippines)
2. There is a war in which the Philippines is involved

3.The offender either–
a) levies war against the Government
b) adheres to the enemies, giving them aid orcomfort

Question 2

What are the elements conspiracy and proposal to commit treason?
[Article 115]

Answer 2

Proposal to commit treason

1) committed when in time of war;

2) a person who has decided to levy war
against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to
some other person or persons

Conspiracy to commit treason

1) committed when in time of war;

2) two or more persons come to an
agreement to levy war against the Government;

3) to adhere to the enemies and to give them aid or comfort, and decide to commit it

Question 3

What are the elements for misprision of treason?
[Article 116]

Answer 3

1) Offender must be owing allegiance to the Government, and not a foreigner

Note:Misprision of treason cannot be committed by a resident alien

2) He has knowledge of any conspiracy (to commit treason) against the Government

Note:
-The conspiracy is one to commit treason as defined in Article 115
-Knowledge of any conspiracy against the Government, not knowledge of treason actually committed by another

3) He conceals or does not disclose and make known the same as soon as possible the governor or fiscal of
the province or the mayor or the fiscal of the city in which he resides

Question 4

What are the elements of espionage?
[Article 117]

Answer 4

Ways of Committing Espionage

1) By entering, without authority therefor, 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 of the Philippines

ELEMENTS:
1) The offender enters any of the places mentioned therein

2) He has no authority therefor

3) His purpose is to obtain any information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippines

2) By disclosing to the representative of a foreign nation the contents of the articles, data or information
referred to in paragraph no. 1 of Article 117, which he had in his possession by reason of the public office
he holds

ELEMENTS:
1) The offender is a public officer

2) He has in his possession the articles, data or information referred to in paragraph no. 1 of Article 117, by reason of the public office he holds

3) He discloses their contents to a representative of a foreign nation

Question 5

What are the elements of inciting to war or giving motives for repraisals?
[Article 118]

Answer 5

ELEMENTS:
1) The 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

Question 6

What are the elements of violation of neutrality?
[Article 119]

Answer 6

ELEMENTS:
1) There is a war in which the Philippines is not involved

2) There is a regulation issued by competent authority for the purpose of enforcing neutrality (The violation of such regulation is what constitutes the crime.)

3) The offender violates such regulation

Question 7

What are the elements for correspondence with hostile country?
[Article 120]

Answer 7

ELEMENTS:
1) It is in time of war in which the Philippines is involved

2) The offender makes correspondence with an enemy country or territory occupied by enemy troops

3) The correspondence is either
- Prohibited by the Government (even if correspondence contains innocent matters)
- Carried on in ciphers or conventional signs (prohibition by the Government is not essential)
- Containing notice or information which might be useful to the enemy (prohibition by the Government is
not essential)

Question 8

What are the elements of flight to enemy’s country?
[Article 121]

Answer 8

ELEMENTS:
1) There is a war in which the Philippines is involved

2) The offender must be owing allegiance to the Government

3) The offender attempts to flee or go to enemy country

4) Going to enemy country is prohibited by competent authority

Question 9

What are the elements of Piracy?
[Article 122]

Answer 9

1) A vessel is on the high seas or in Philippine waters

2) The offenders are not members of its complement or passengers of the vessel

3) The offenders

a.) attack or seize that vessel;
b.) seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or passengers

Question 10

What are the circumstances of qualified piracy?
[Article 123]

Answer 10

1) Whenever the offenders have seized the vessel by boarding or firing upon the same

2) Whenever the pirates have abandoned their victims without means of saving themselves (also for qualified
mutiny)

3) Whenever the crime is accompanied by murder, homicide, physical injuries or rape (also for qualified mutiny)