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CRIMINAL LAW II > TITLE ONE: Crimes against Nat'l Security and the Law of Nations > Flashcards

TITLE ONE: Crimes against Nat'l Security and the Law of Nations Flashcards

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1
Q

WHAT ARE THE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

A

Crimes against national security:
1. Treason. (Art. 114 )
2. Conspirac y and proposal to commit treason. (Art. 115)
3. Misprision of treason. (Art. 116)
4. Espionage . (Art. 117)
Crimes against the law of nations:
1. Inciting to wa r or giving motive s for reprisals. (Art. 118)
2. Violation of neutrality. (Art. 119)
3. Correspondenc e wit h hostil e country. (Art. 120)
4. Flight to enemy’s country. (Art. 121)
5. Piracy in genera l and mutin y on the high sea s or in
Philippine waters. (Art. 122)

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2
Q

WHAT ARE THE ELEMENTS OF TREASON?

A
  1. THAT THE OFFENDER IS A FILIPINO CITIZEN OR AN ALIEN RESIDING IN THE PHILIPPINES
  2. THAT THERE IS A WAR IN WHICH THE PHILIPPINES IS INVOLVED
  3. THAT THE OFFENDER EITHER–
    a. LEVIES WAR AGAINS THE GOVERNMENT
    b. ADHERES TO THE ENEMIES BY GIVING THEM AID OR COMFORT.
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3
Q

WHAT IS TREASON?

A

TREASON IS A BREACH OF ALLEGIANCE TO A GOVERNMENT COMMITTED BY A PERSON WHO OWES ALLEGIANCE TO IT.

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4
Q

HOW TO PROVE THAT THE OFFENDER IS A FILIPINO CITIZEN?

A
  1. PRISON RECORD FILLED OUT BY THE ACCUSED HIMSELF

2. TESTIMONY OF WITNESSES WHO KNOW HIM TO HAVE BEEN BORN IN THE PHILIPPINES OF FILIPINO PARENTS

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5
Q

WHAT IS ALLEGIANCE?

A

IT IS THE OBLIGATION OF FIDELITY AND OBEDIENCE WHICH THE INDIVIDUALS OWE TO THE GOVERNMENT UNDER WHICH THEY LIVE

FC-ABSOLUTE/TEMPORARY ALLEGIANCE
RA-TEMPORARY

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6
Q

CAN TREASON BE COMMITTED IN TIME OF PEACE?

A

-NO. Treason is a war crime. It is not an all-time offense. It cannot be
committed in peace time.
-THAT THERE IS A WAR IN WHICH THE PHILIPPINES IS INVOLVED IS ONE OF THE ELEMENTS OF THE CRIME OF TREASON.

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7
Q

WHAT ARE THE TWO WAYS OR MODES OF COMMITTING TREASON?

A
  1. LEVYING WAR AGAINST THE GOVERNMENT

2. ADHERING TO THE ENEMIES BY GIVING THEM AID OR COMFORT

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8
Q

WHAT ARE THE TWO REQUISITES THAT MUST CONCUR IN LEVYING WAR?

A
  1. THERE BE AN ACTUAL ASSEMBLING OF MEN
  2. FOR THE PURPOSE OF EXECUTING A TREASONABLE DESIGN BY FORCE

NOTE: IF THE TWO CONCUR, ALL THOSE WHO PERFORMED ANY PART, HOWEVER MINUTE, OR HOWEVER REMOTE FROM THE SCENE OF ACTION ARE TO BE CONSIDERED AS TRAITORS.

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9
Q

IS IT NECESSARY THAT THERE IS A FORMAL DECLARATION OF WAR IN TREASON BY LEVYING WAR?

A

NO. ACTUAL HOSTILITIES MAY DETERMINE THE DATE OF THE COMMENCEMENT OF WAR.

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10
Q

IS IT NECESSARY THAT THE WAR BE DIRECTED AGAINST THE GOVERNMENT?

A

YES. THE LEVYING OF WAR MUST BE WITH THE INTENT TO OVERTHROW THE GOVERNMENT NOT MERELY TO RESIST A PARTICULAR STATUTE OR TO REPEL A PARTICULAR OFFICER

NOTE: NO MATTER HOW VAIN OR FUTILE THE ATTEMPT IS AND HOW IMPOSSIBLE THE ACCOMPLISHMENT BE.

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11
Q

IS IT NECESSARY THAT THE PURPOSE OF LEVYING WAR IS TO DELIVER THE COUNTRY IN WHOLE OR IN PART TO THE ENEMY?

A

YES. THE LEVYING OF WAR MUST BE IN COLLABORATION WITH A FOREIGN ENEMY.

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12
Q

WHAT IS THE DIFFERENCE BETWEEN TREASON AND REBELLION?

A

REBELLION IS THE LEVYING OF WAR AS MERELY A CIVIL UPRISING WITHOUT ANY INTENTION OF HELPING AN EXTERNAL ENEMY WHEREAS TREASON AIMS TO COLLABORATE WITH A FOREIGN ENEMY FOR THE PURPOSE OF DELIVERING THE COUNTRY IN WHOLE OR IN PART TO SUCH ENEMY.

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13
Q

IS ADHERENCE ALONE SUFFICIENT TO CONSTITUTE TREASON?

A

NO. ADHERENCE AND GIVING AID OR COMFORT MUST CONCUR TOGETHER. ADHERENCE ALONE WITHOUT GIVING AID OR COMFORT TO THE ENEMY IS NOT SUFFICIENT TO CONSTITUTE TREASON AND VICE VERSA.

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14
Q

WHAT CONSTITUTES ADHERENCE TO THE ENEMY?

A
  • THE PHRASE MEANS INTENT TO BETRAY.
  • THERE IS ADHERENCE WHEN A CITIZEN INTELLECTUALLY OR EMOTIONALLY FAVORS THE ENEMY AND HARBORS SYMPATHIES OR CONVICTIONS DISLOYAL TO HIS COUNTRY’S POLICY OR INTEREST.
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15
Q

WHAT IS AID OR COMFORT?

A
  • THE PHRASE MEANS AN ACT THAT STRENGHTENS OR TENDS TO STRENGHTEN THE ENEMY IN THE CONDUCT OF WAR AGAINST THE TRAITOR’S COUNTRY; OR
  • AN ACT WHICH WEAKENS OR TENDS TO WEAKEN THE POWER OF THE TRAITOR’S COUNTRY TO RESIST OR TO ATTACK THE ENEMY.
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16
Q

WHAT IS THE EXTENT OF AID OR COMFORT THAT CONSTITUTES TREASON?

A
  1. IT MUST BE SOME KIND OF ACTION (PHYSICAL ACTIVITY OR DEED) NOT MERELY A MENTAL OPERATION (e.g FURNISHING THE ENEMY WITH TROOPS, SUPPLIES, INFORMATION OR MEANS OF TRANSPORTATION.
  2. AID OR COMFORT GIVEN TO ENEMIES, TO BE CONSIDERED TREASONOUS, MUST BE TO RENDER ASSISTANCE TO THEM AS ENEMIES AND NOT MERELY AS INDIVIDUALS.
  • THE AID OR COMFORT GIVEN TO THE ENEMY MUST BE IN FURTHERANCE OF THE ENEMIES’ HOSTILE DESIGNS.
  • TO LEND OR GIVE MONEY TO AN ENEMY AS A FRIEND OR OUT OF CHARITY FOR PERSONAL NECESSITIES OR TO ASSIST HIM AS AN INDIVIDUAL) IS NOT TREASONOUS
  • LENDING MONEY TO AN ENEMY TO ENABLE HIM TO BUY ARMS OR AMMUNITION TO USE IN WAGING WAR AGAINS THE GOVER’S COUNTRY ENHANCES HIS STRENGHT AND INJURES THE INTEREST OF THE GOVERNMENT OF THE GIVER IS TREASONOUS.
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17
Q

IS IT ESSENTIAL THAT THE ACT COMMITTED HAS STRENGHTENED THE ENEMY?

A

NO. PROVIDED THE OVERT ACTS ARE DONE WHICH IF SUCCESSFUL WOULD ADVANCE THE INTEREST OF THE ENEMY

NOTE: THERE IS AID OR COMFORT NO MATTER HOW VAIN OR FUTILE THE ATTEMPT MAY BE AS LONG AS THE ACT HAS THE TENDENCY TO STRENGHTEN THE ENEMY THERE IS TREASON.

-IT IS NOT THE DEGREE OF SUCCESS BUT RATHER THE AIM FOR WHICH THE ACT WAS PERPETRATED THAT DETERMINES THE COMMISSION OF TREASON.

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18
Q

IS COMMANDEERING OF WOMEN TO SATISFY THE LUST OF THE ENEMY AN ACT OF TREASON?

A

NO. ALTHOUGH THIS MADE LIFE MORE PLEASANT TO THE ENEMIES AND BOOST THEIR SPIRIT BECAUSE THE ACTS WERE NOT CALCULATED TO STRENGHTEN THE JAPANESE EMPIRE OR ITS ARMY OR CRIPPLE THE DEFENSE AND RESISTANCE OF THE OTHER SIDE. THE FAVORABLE EFFECT WAS TRIVIAL IMPERCEPTIBLE AND UNINTENTIONAL.

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19
Q

WHAT ARE SPECIFIC ACTS OF AID OR COMFORT CONSTITUTING TREASON?

A
  1. Serving as informer and active member of the Japanese Military
    Police, arresting guerilla suspects in an attempt to suppress the
    underground movement.
  2. Serving in the Japanese Army as agent or spy and participating
    in the raid of guerrilla hideout.
  3. Acting as “finger woman” when a barrio was “zonified” by the
    Japanese, pointing out to the Japanese several men whom she
    accused as guerillas.
  4. Taking active part in the mass killing of civilians by the Japanese
    soldiers by personally tying the hands of the victims.
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20
Q

DOES THE TERM “ENEMY” APPLY TO REBELS ?

A

NO. THE TERM “ENEMIES” APPLIES ONLY TO THE SUBJECTS OF A FOREIGN POWER AND DOES NOT EMBRACE REBELS BECAUSE THEY ARE STILL CITIZENS

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21
Q

CAN THERE BE TREASON THRU NEGLIGENCE?

A

NO. THE OVERT ACT OF AID OR COMFORT TO THE ENEMY MUST BE INTENTIONAL.

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22
Q

IS THERE A COMPLEX CRIME OF TREASON WITH MURDER, PHYSICAL INJURIES, ETC.

A

NO. MURDER AND PHYSICAL INJURIES ARE INHERENT IN THE CRIME OF TREASON CHARACTERIZED BY GIVING THEM AID OR COMFORT

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23
Q

IS TREASON A CONTINUING OFFENSE?

A

Treason is of such a nature that it may be committed by one single act,
by a series of acts, or by several series thereof, not only in a single time, but
in different times, it being a continuous crime.

-ALL OVERT ACTS CONSTITUTE BUT A SINGLE OFFENSE

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24
Q

WHAT IS THE TWO WITNESS RULE?

A

ART 114 PAR 2:

NO PERSON SHALL BE CONVICTED OF TREASON UNLESS ON THE TESTIMONY OF TWO WITNESSES AT LEAST TO THE SAME OVERT ACT

  • SIMPLY MEANS THAT THE TESTIMONY OF TWO WITNESSES IS REQUIRED TO PROVE THE OVERT ACT OF GIVING AID OR COMFORT. (FOR EACH OVERT ACT=TWO WITNESSES)
  • MUST BE TO THE SAME OVERT ACT NOT NECESSARILY REQUIRED THAT THE TESTIMONY BE IDENTICAL.
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25
Q

HOW CAN TREASON BE PROVED?

A

ART 114 PAR 2:

  1. TESTIMONY OF TWO WITNESSES, AT LEAST TO THE SAME OVERT ACT, OR
  2. ON CONFESSION OF THE ACCUSED IN OPEN COURT
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26
Q

WHAT IS AN OVERT ACT?

A

A PHYSICAL ACTIVITY OR DEED THAT CONSTITUTES THE RENDERING OF AID AND COMFORT.

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27
Q

WHAT HAPPENS IF ONLY ONE OF THE TWO WITNESSES ARE BELIEVED BY THE COURT?

A
  • DEFENDANT SHOULD BE ACQUITTED BECAUSE IN THIS CASE IT WOULD BE AS IF THERE WAS ONLY ONE WITNESS AND THE TWO WITNESS RULE WILL NOT BE COMPLIED WITH.
  • THE TWO WITNESS RULE IS SEVERLY RESTRICTIVE.
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28
Q

IS IT NECESSARY THE THERE BE CORROBORATION BETWEEN THE WITNESSES?

A

NO. IT IS SUFFICIENT THAT THE WITNESSES ARE UNIFORM IN THEIR TESTIMONY ON THE OVERT ACT.

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29
Q

IS THE TWO WITNESS RULE AFFECTED BY DISCREPANCIES IN MINOR DETAILS OF THE TESTIMONY?

A

NO. The fact that the witnesses were not uniform in their statements is not sufficient to entirely discredit their testimony,
as the deficiency refers merely to minor details

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30
Q

HOW MAY ADHERENCE BE PROVED?

A
  1. BY ONE WITNESS
  2. FROM THE NATURE OF THE ACT ITSELF
  3. FROM THE CIRCUMSTANCES SORROUNDING THE ACT.
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31
Q

DOES CONFESSION NEED TO BE MADE IN OPEN COURT?

A

YES. (ART 114 PAR 2)

-Extrajudicial confession or confession made before the investigators is
not sufficient to convict a person of treason. IT MUST BE IN OPEN COURT.

32
Q

DISTINGUISH ADMISSION OF FACTS AND CONFESSION.

A

ADMISSION OF FACTS IS MERELY GIVING TESTIMONY AS TO THE FACTS OF THE CASE WHEREAS CONFESSION MEANS PLEADING GUILTYY IN OPEN COURT (

33
Q

WHAT DOES THE TERM OPEN COURT MEAN?

A

IT MEANS PLEADING GUILTY BEFORE THE JUDGE WHILE ACTUALLY HEARING THE CASE

34
Q

Is the sovereignty of the Government not transferred to the enemy by mere occupation?

A

NO. The subsistence of the sovereignty of the legitimate Government
in a territory occupied by the military forces of the enemy during
the war is one of the rules of International Law.

What is suspended is the exercise of the rights of sovereignty.

35
Q

IS THE FEAR OF IMMEDIATE DEATH AN EXCUSE FOR COMMITING THE CRIME OF TREASON?

A

In the eyes of the law, nothing will excuse that act of joining an enemy,
but the fear of immediate death; not the fear of any inferior personal injury,
nor the apprehension of any outrage upon property

36
Q

How are the crimes of conspiracy and proposal to commit treason
committed?

A

Conspiracy to commit treason is committed when in time of war, two
or more persons come to an agreement to levy war against the Government
or to adhere to the enemies and to give them aid or comfort, and decide to
commit it. Whereas, Proposal to commit treason is committed when in time of war 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.

37
Q

DOES THE TWO WITNESS RULE APPLY TO CONSPIRACY OR PROPOSAL TO COMMIT TREASON?

A

NO. BECAUSE THIS IS A SEPARATE AND DISTINCT OFFENSE FROM THAT OF TREASON.

38
Q

WHAT ARE THE ELEMENTS OF THE MISPRISION OF TREASON?

A
  1. THAT THE OFFENDER MUST BE OWING ALLEGIANCE TO THE GOVERNMENT AND NOT A FOREIGNER
  2. THAT HE HAS KNOWLEDGE OF ANY CONSPIRACY (TO COMMIT TREASON) AGAINST THE GOVERNMENT.
  3. THAT HE CONCEALS OR DOES NOT DISCLOSE AND MAKE KNOWN THE SAME TO THE GOVERNOR OR FISCAL OF THE PROVINCE OR THE MAYOR OR FISCAL OF THE MUNICIPALITY IN WHICH HE RESIDES.
39
Q

CAN MISPRISION OF TREASON BE COMMITTED BY A RESIDENT ALIEN?

A

NO. THE OFFENDER MUST BE OWING ALLEGIANCE TO THE GOVERNMENT WITHOUT BEING A FOREIGNER (ART 116)

40
Q

DOES ARTICLE 116 (Misprision of Treason) APPLY WHEN THE CRIME OF TREASON IS ALREADY COMMITTED AND THE ACCUSED DOES NOT REPORT ITS COMMISSION?

A

NO. BECAUSE ART 116 SPEAKS OF THE KNOWLEDGE OF ANY “CONSPIRACY AGAINST” THE GOVERNMENT OF THE PHILIPPINES NOT KNOWLEDGE OF TREASON ACTUALLY COMMITTED BY ANOTHER.

41
Q

WHAT IS THE PUNISHMENT OF THE OFFENDER IN MISPRISION OF TREASON?

A

THE OFFENDER IS PUNISHED AS AN ACCESSORY TO THE CRIME OF TREASON. (2 DEGREES LOWER FOR TREASON)

THE OFFENDER IS A PRINICIPAL IN THE CRIME OF MISPRISION OF TREASON BUT AN ACCESSORY TO THE CRIME OF TREASON

42
Q

DOES ARTICLE 20 APPLY IN MISPRISION OF TREASON?

A

NO. BECAUSE THE OFFENDER IN MISIPRISION OF TREASON IS A PRINICIPAL TO THE SAID CRIME, EVEN IF THE OFFENDER IS RELATED TO THE PERSONS IN CONSPIRACY AGAINST THE GOVERNMENT ART 20 WONT APPLY BECAUSE THE SAID ARTICLE ONLY APPLIES TO ACCESSORY.

ARTICLE 20-ACCESSORIES WHO ARE EXEMPT FROM CL–THE PENALTIES PRESCRIBED FOR ACCESSORIES SHALL NOT BE IMPOSED UPON THOSE WHO ARE SUCH WITH RESPECT TO THEIR SPOUSES, ASCENDANTS, DESCENDANTS, LEGITIMATE, NATURAL AND ADOPTED BROTHERS AND SISTERS OR RELATIVES BY AFFINITY WITHIN THE SAME DEGREES.

43
Q

DOES MERE SILENCE MAKE A PERSON CRIMINALLY LIABLE? IF SO, HOW DOES THIS RULE FIND APPLICATION UNDER ART. 116?

A

GENERALLY, A PERSON WHOO KEEPS SILENT AS TO WHAT HE KNOW ABOUT THE PERPETRATION OF AN OFFENSE IS NOT CRIMINALLY LIABLE (AS PRINCIPAL, ACCOMPLICE OR ACCESSORY). ART 116 IS THE EXCEPTION TO THIS GENERAL RULE.

44
Q

WHAT ARE THE ELEMENTS OF ESPIONAGE IN THE FIRST WAY OF COMMITTING IT?

A
  1. THAT THE OFFENDER ENTERS ANY PLACES MENTIONED THEREIN;
  2. THAT HE HAS NO AUTHORITY THEREFOR;
  3. THAT HIS PURPOSE IS TO OBTAIN INFORMATION, PLANS, PHOTOGRAPHS OR OTHER DATA OF A CONFIDENTIAL NATURE RELATIVE TO THE DEFENSE OF THE PHILIPPINE ARCHIPELAGO
45
Q

WHAT IS ESPIONAGE?

A

Espionage is 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 any foreign nation

46
Q

WHAT ARE THE ELEMENTS OF ESPIONAGE IN THE SECOND WAY OF COMMITTING ESPIONAGE?

A
  1. THAT THE OFFENDER IS A PUBLIC OFFICER
  2. THAT HE HAS IN HIS POSSESSION THE ARTICLES, DATA OR INFORMATION REFERRED TO IN PARAGRAPH 1 OF ART 117 BY REASON OF THE PUBLIC OFFICE HE HOLDS;
  3. THAT HE DISCLOSES THEIR CONTENTS TO A REPRESENTATIVE OF A FOREIGN NATION
47
Q

WHAT ARE THE TWO WAYS OF COMMITTING ESPIONAGE UNDER ART 117?

A
  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 RELATIVE TO THE DEFENSE OF THE PHILIPPINE ARCHIPELAGO; AND
  2. BY DISCLOSING TO REPRESENTATIVES OF A FOREIGN NATION THE CONTENTS OF THE ARTICLES, DATA OR INFORMATION REFERRED TO IN PARAGRAPH 1 OF ART 117, WHICH HE HAD IN HIS POSSESSION BY REASON OF THE PUBLIC OFFICE HE HOLDS
48
Q

IS HAVING THE INTENTION TO OBTAIN INFORMATION RELATIVE TO THE DEFENSE OF THE PHILIPPINES NECESSARY FOR THE OFFENDER TO BE PUNISHED UNDER ART 117 PAR 1?

A

YES. THE OFENDER IN ENTERING ANY OF THE PLACES MENTIONED, MUST HAVE THE PURPOSE OF OBTAINING INFORMATION RESPECTING NATIONAL DEFENSE.

IF THE ACCUSED HAS NO SUCH INTENTION, EVEN IF HE TAKES POSSESSION OF PLANS OR PHOTOGRAPHS REFERRED TO IN PAR 1 OF ART 117, HE IS NOT LIABLE UNDER THAT PROVISION.

49
Q

IS IT NECESSARY THAT INFORMATION ETC. IS ACTUALLY OBTAINED?

A

NO. UNDER THE FIRST WAY OF COMMITTING ESPIONAGE, IT IS NOT NECESSARY THAT THE OFFENDER SHOULD HAVE OBTAINED ANY INFORMATION ETC. MENTIONED IN PARAGRAPH 1 OF ART 117. IT IS SUFFICIENT THAT HE HAS THE PURPOSE TO OBTAIN ANY OF THEM WHEN HE ENTERED A WARSHIP, FORT OR NAVAL OR MILITARY ESTABLISHMENT.

50
Q

WHO ARE THE PERSONS LIABLE IN TWO WAYS OF COMMITTING ESPIONAGE?

A

UNDER PAR 1: THE OFFENDER IS ANY PERSON WHETHER A CITIZEN OR A FOREIGNER, A PRIVATE INDIVIDUAL OR A PUBLIC OFFICER

UNDER PAR 2: THE OFFENDER IS A PUBLIC OFFICER WHO HAS IN HIS POSSESSION, THE ARTICLES, DATA OR INFORMATION, BY REASON OF THE PUBLIC OFFICE HE HOLDS.

51
Q

WHAT ARE THE CRIMES CLASSIFIED AS PROVOKING WAR AND DISLOYALTY IN CASE OF WAR?

A
  1. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
  2. VIOLATION OF NEUTRALITY,
  3. CORRESPONDENCE WITH HOSTILE COUNTRY
  4. FLIGHT TO ENEMY’S COUNTRY
52
Q

WHAT ARE THE ELEMENTS OF INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS?

A
  1. THAT THE OFFENDER PERFORMS UNLAWFUL OR UNAUTHORIZED ACTS
  2. THAT SUCH ACTS PROVOKE WAR OR GIVE OCCASION FOR A WAR INVOLVING OR LIABLE TO INVOLVE THE PHILPPINES OR EXPOSE FILIPINO CITIZENS TO REPRISALS ON THEIR PERSONS OR PROPERTY
53
Q

IS THE INTENTION OF THE OFFENDER MATERIAL INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS?

A

NO, INTENTION OF THE OFFENDER IS IMMATERIAL TO BE LIABLE FOR INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. THE CRIME IS COMMITTED REGARDLESS OF HIS INTENTIONS.

SUCH ACTS ARE PENALIZED EVEN IF THEY CONSTITURE A MERE IMPRUDENCE.

54
Q

CAN THE CRIME UNDER ART 118 BE COMMITTED IN TIME OF PEACE?

A

YES. THE CRIME OF INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS IS COMMITTED IN TIME OF PEACE

55
Q

WHAT IS THE PENALTY FOR THE CRIME COMMITTED UNDER ART 118?

A

PUBLIC OFFICER OR EMPLOYEE-RECLUSION TEMPORAL

PRIVATE INDIVIDUAL-PRISION MAYOR

56
Q

WHAT ARE THE ELEMENTS FOR 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 COMPETENT AUTHORITY FOR THE PURPOSE OF ENFORCING NEUTRALITY
  3. THAT THE OFFENDER VIOLATES SUCH REGULATION.
57
Q

WHAT IS NEUTRALITY?

A

A NATION OR POWER WHICH TAKES NO PART IN A CONTEST OF ARMS GOING ON BETWEEN OTHERS IS REFERRED TO AS NEUTRAL

58
Q

what constitutes the crime of violation of neutrality?

A

It is the violation of regulation issued by competent authority for the purpose of enforcing neutrality that constitutes the crime of violation of neutrality.

59
Q

What are the elements of the crime correspondence with hostile country?

A
  1. That it is in time of war in which the Philippines is involved
  2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops.
  3. That 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.
60
Q

WHAT IS CORRESPONDENCE?

A

Communication by means of letters, or it may refer to the letters which pass between those who have friendly or business relations

61
Q

Is correspondence punishable even if it contains innocent matters?

A

YES it is punishable if the correspondence is prohibited by the government.

ratio: because of the possibility that some information useful to the enemy might be revealed unwittingly.

62
Q

What are circumstances that must concur to qualifying the offense of correspondence with hostile country?

A

The following must concur together:

  1. That the notice or information might be useful to the enemy
  2. That the offender intended to aide the enemy.

NOTE: if the offender intended to aid the enemy by giving such notice or information, the crime amounts to treason; hence, the penalty is the same as that for treason.

63
Q

What are the elements for the crime of Flight to enemy’s country?

A
  1. That there is a war in which the Philippines is involved;
  2. That the offender must be owing allegiance to the government;
  3. That the offender attempts to flee or go to enemy country;
  4. That going to enemy country is prohibited by competent authority.
64
Q

Can a resident alien be guilty of flight to enemy’s country?

A

YES. There being no statement to the contrary, the allegiance referred to in this article is either Temporary or natural/absolute.

65
Q

Is the mere attempt to flee or go to enemy country sufficient to consummate the crime?

A

YES. The mere attempt to flee or go to enemy country WHEN PROHIBITED BY COMPETENT AUTHORITY consummates the felony.

66
Q

What does the phrase “prohibited by competent authority’ mean?

A

The phrase means that it is implemented by the Government. If fleeing or going to enemy country is not prohibited by competent authority, the crime defined cannot be committed.

67
Q

What are the two modes of committing piracy?

A
  1. By attacking or seizing a vessel on the high seas or in Philippine Waters
  2. By seizing 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
68
Q

What are the elements of piracy?

A
  1. That a vessel is on the high seas or in Philippine waters
  2. That the offenders are not members of its complement or passengers of the vessel
  3. That the offenders (1) attack or seize the vessel, or (2) seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers
69
Q

What does the term “high seas” mean?

A

Parts of the seas 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.

70
Q

What is piracy?

A

It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention or universal hostility.

71
Q

What is mutiny?

A

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

72
Q

who may commit mutiny?

A

Mutiny is usually committed by other members of the complement and may be committed by the passengers of the vesel.

73
Q

Distinguish Piracy from Mutiny.

A

In piracy the persons who attack a vessel or seize its cargo are strangers to said vessels; while in mutiny, they are members of the crew or passengers

INTENT TO GAIN IS ESSENTIAL IN PIRACY, IN MUTINY, THE OFFENDERS MAY ONLY INTEND TO IGNORE THE SHIP’S OFFICERS OR MAY BE PROMPTED BY A DESIRE TO COMMIT PLUNDER.

74
Q

WHEN IS PIRACY AND MUTINY CONSIDERED AS TERRORISM?

A

WHEN THE OFFENDER COMMITS AN ACT OF TERRORISM THEREBY SOWING AND CREATING A CONDITION OF WIDESPREAD AND EXTRAORDINARY FEAR AND PANIC AMONG THE POPULACE, IN ORDER TO COERCE THE GOVERNMENT TO GIVE IN TO AN UNLAWFUL DEMAND

75
Q

WHAT ARE THE CIRCUMSTANCES THAT QUALIFIES PIRACY AND MUTINY?

A
  1. WHENEVER THE OFFENDERS HAVE SEIZED THE VESSEL BY BOARDING OR FIRING UPON THE SAME
  2. WHENEVER THE PIRATES ABANDON THEIR VICTIMS WITHOUT MEANS OF SAVING THEMSELVES;
  3. WHENEVER THE CRIME IS ACCOMPANIED BY MURDER, HOMICIDE, PHYSICAL INJURIES OR RAPE.
76
Q

HOW CAN JURISDICTION AFFECT THE PUNISHMENT OF PIRACY?

A

PIRACY IS A CRIME NOT AGAINST ANY PARTICULAR STATE BUT AGAINST ALL MANKIND. IT MAY BE PUNISHED IN THE COMPETENT TRIBUNAL OF ANY COUNTRY WHERE THE OFFENDER MAY BE FOUND OR INTO WHICH HE MAY BE CARRIED. NOR DOES IT MATTER THAT THE CRINE WAS COMMITTED WITHIN THE JURISDICTIONAL THREE MILE LIMIT OF A FOREIGN STATE.

CRIMINAL LAW II (3 decks)

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