Crim 2 Reviewer

TITLE 1 – Crime Against National Security
and the Law of Nations ADHERENCE TO THE ENEMY – intent to

betray
Article 114 – Treason
AID OR COMFORT – acts which tend to
strengthen the enemy in the conduct of
Definition – breach of allegiance to a war
government, committed by a person
who owes allegiance to it. Commandeering of women to satisfy
the lust of the enemy is NOT Treason.
Elements
1. The offender is a Filipino Citizen or Mere governmental work during the
an alien residing in the Philippines Japanese regime is not an act of
2. There is a WAR in which the Phil. Is treason.
involved
3. Offender – (modes) Murder and Physical Injuries are inherent
a. levies war against the in the crime of Treason, other crimes are
Government absorbed, not to be considered a
b. adheres to the enemies, separate crime.
giving them aid or comfort
Treason by a Filipino Citizen may be
*as amended: The Offender is either a committed outside of the country.
Filipino or a resident alien
Treason is a continuing offense.
 Allegiance – obligation of fidelity
and obedience which the Ways of Proving Treason
individual owes the government
 Permanent or Temporary 1. Testimony of 2 witnesses, at least,
to the same overt act
Treason cannot be committed in times 2. Confession of the accused in
of peace.(it is a WAR CRIME). open court
LEVYING WAR – TWO-WITNESS RULE

1.) Actual assembling of man - Required to prove the overt act of
2.) For the purpose of executing a giving aid or comfort
treasonable design by force
OVERT ACT – Pyhsical activity of giving
In treason by levying war, it is not aid or comfort
necessary that there be a formal
declaration of the existence of a state Adherence to the Enemy need not be
of war. proved by 2 witnesses.
The war must be directed against the Extrajudicial confession is not enough to
Gov’t with the intent of overthrowing it. convict a person of treason,
The levying of war must be in

collaboration with a foreign country.
Article 115 – Conspiracy
and Proposal to Commit - The offender in misprision of
Treason treason is punished as an
ACCESSORY to treason, and a
- In times of war, a person who PRINCIPAL to the crime of
has DECIDED to levy war Misprision of Treason.
against the government or to
adhere to the enemies to give Article 117– ESPIONAGE
them aid or comfort,
PROPOSES ITS EXECUTION to
some other person or persons. - Offense of gathering,
transmitting or losing
information respecting the
- 2 witness rule does not apply national defense with the
intent that such information be
used to the injury of the Rep.
of the Phil. to the advantage
Article 116– Misprision of of a foreign nation.
Treason – ( no penalty) (
accessory to the crime of
Treason)  2 ways of Committing
Espionage
Elements:
a.) By entering w/out authority
a warship, for, or naval, or a
a. Offender owing allegiance
military establishment, or
to the gov’t, not a foreigner
reservation to obtain info or
b. He has knowledge of any
data of a confidential
conspiracy against the
nature relative to the
govt
defense of the Philippines.
c. He CONCEALS or DOES
NOT DISCLOSE and make
b.) By disclosing to a rep. of a
known the same asap to
foreign nation the contents
the GOVERNOR or FISCAL
of the articles, data or
of the province, or MAYOR
information referred to in
or FISCAL of the
par. 1, which he had in his
municipality,
possession by reason of the
public office he holds.
- It cannot be committed by a
Resident Alien
- Espionage is committed in
times of PEACE and WAR.
- The conspiracy is one to
commit treason
Article 118 – Article 120 –
INCITING TO WAR OR CORRESPONDENCE
GIVING MOTIVES WITH HOSTILE COUNTRY
FOR REPRISALS
ELEMENTS
ELEMENTS
a.) That it is in time of WAR which
a.) Offender performs unlawful the Philippines is involved.
/unauthorized acts b.) Offender makes
correspondence with an
b.) Such acts provoke or give enemy country
occasion for a war involving or
liable to involve the Phil, or That the CORRESPONDENCE is either:
expose Fil. Citizens to reprisals
on their persons or property a.) Prohibited by the Government
b.) Carried on in ciphers or
conventional signs
- The intention of the Offender is c.) Containing notice or
immaterial information which might be
useful to the enemy
- Committed in times of PEACE
- Even if correspondence
contains INNOCENT matters, if
- Penalty is higher when the such is prohibited by the
offender is a public officer or Government, it is still
employee. PUNISHABLE.
Article 119–
VIOLATION OF
NEUTRALITY
ELEMENTS
a.) There is a WAR in which the Phil. is

not involved
b.) There is a REGULATION issued by

competent authority for the
purpose of enforcing NEUTRALITY
c.) Offender violates such regulation

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TITLE 1 – Crime Against National Security

and the Law of Nations ADHERENCE TO THE ENEMY – intent to

LEVYING WAR – TWO-WITNESS RULE

The levying of war must be in

a.) There is a WAR in which the Phil. is

b.) There is a REGULATION issued by

c.) Offender violates such regulation

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