Western Mindanao State University
College of Criminal Justice Education
Normal Road, Baliwasan, Zamboanga
City
CRIMES AGAINST NATIONAL SECURITY AND AGAINST THE LAW OF NATIONS
Submitted by: OCEÑA, MARGARITO JR. O. (3-DELTA)
Submitted to: PROF. MUOAJ MANTARA ASID
CRIMES AGAINST NATIONAL SECURITY
1. Art. 114. TREASON.
Elements:
(1) Offender is a Filipino citizen or resident alien;
(2) There is a war in which the Philippines is involved;
(3) Offender either—
(a) levies war against the government or
(b) adheres to her enemies, giving them aid or comfort.
Penalties:
(1) Reclusion perpetua to death and a fine not to exceed P100,000 if the offender is a
Filipino citizen;
(2) Reclusion temporal to death and a fine not to exceed P100,000 if the offender is a
resident alien.
2. Art. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON.
Elements of conspiracy to commit treason:
(1) There is a war in which the Philippines is involved;
(2) At least two (2) persons come to an agreement to—
(a) levy war against the government or
(b) adhere to the enemies, giving them aid or comfort;
(3) They decide to commit it.
Penalty: Prision mayor and a fine not to exceed P10,000.
Elements of proposal to commit treason:
(1) There is a war in which the Philippines is involved;
(2) At least one person decides to—
(a) levy war against the government or
(b) adhere to the enemies, giving them aid or comfort;
(3) He proposes its execution to some other persons.
Penalty: Prision correccional and a fine not to exceed P5,000.
3. Art. 116. MISPRISION OF TREASON.
Elements:
(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.
Penalty: Punished as an accessory to the crime of treason.
4. Art. 117. ESPIONAGE.
Acts punished and their respective elements:
(1) 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.
(a) Offender enters any of the places mentioned;
(b) He has no authority therefor;
(c) His purpose is to obtain any information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippines.
(2) Disclosing to the representative of a foreign nation the contents of the articles, data
or information referred to in paragraph 1 of Article 117, which he has in possession
by reason of the public office he holds:
(a) Offender is a public officer;
(b) He has in his possession the articles, data or information referred to in paragraph
1 of Article 117, by reason of the public office he holds;
(c) He discloses their contents to a representative of a foreign nation.
Penalty: Prision correccional. The penalty next higher in degree shall be imposed if the offender
is a public officer or employee.
CRIMES AGAINST THE LAW OF NATIONS
1. Art. 118. INCITING TO WAR AND GIVING MOTIVES FOR REPRISALS.
Elements:
(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; or
(b) exposure of Filipino citizens to reprisals on their persons or property.
Penalties:
(1) Reclusion temporal if offender is a public officer or employee;
(2) Prision mayor if offender is a private individual.
2. Art. 119. 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 to enforce neutrality;
(3) Offender violates the regulation.
Penalty: Prision correccional.
3. Art. 120. CORRESPONDANCE 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.
Penalties:
(1) Prision correccional if the correspondence has been prohibited by the Government;
(2) Prision mayor if the correspondence be carried on in ciphers or conventional signs;
and
(3) Reclusion temporal if notice or information be given thereby which might be useful
to the enemy. If the offender intended to aid the enemy by giving such notice or
information, he shall suffer the penalty of from reclusion temporal to death.
4. Art. 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 an enemy country;
(4) Going to the enemy country is prohibited by competent authority.
Penalty: Arresto mayor.
5. Art. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS.
Elements of piracy:
(1) The vessel is on 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;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.
(4) There is intent to gain.
Penalty: Reclusion perpetua.
Elements of mutiny:
(1) The vessel is on high seas or Philippine waters;
(2) Offenders are members of its complement or passengers of the vessel;
(3) Offenders either—
(a) attack or seize a vessel on the high seas or Philippine waters;
(b) seize in the vessel while on the high seas or in Philippine waters the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.
Penalty: Reclusion perpetua.
