section 1 treason and espionage
Art. 114 Treason
1.Filipino citizen of Alien resident
2.there is war and Philippines is involved.
3.Offender either
a. Levies war against the
government
b. Adheres to enemies, giving aid or
comfort.
Art. 115 Conspiracy and Proposal
2. Two or more persons come to an agreement
a. levy war against the government
b. adhere to the enemies and to give
them aid or comfort
3. They decide to commit it.
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
3. Proposes its execution to some other
person/s.
Article 116. Misprison of Treason
1. Offender owes allegiance to the government
3. Has knowledge of any conspiracy (to
commit treason) against the government
4. He conceals or does not disclose the same
to the authorities in w/c he resides.
Article 117. Espionage
1.MODES of COMMITTING ESPIONAGE
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines.
ELEMENTS:
1. That the offender enters a warship,
fort, naval or military
establishment or reservation
2. That he has no authority therefore;
3. That his purpose is to obtain
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 the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.
ELEMENTS:
1. That the offender is a public officer
2. That he has in his possession the
articles, data or information referred
to in the first mode of committing
espionage, by reason of the public
office he holds; and
3. That he discloses their contents to
a representative of a foreign
nation.
Section 2 Provoking war and disloyalty in case of war
Article 118 Inciting to war or giving motives for reprisals
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;
ART. 119. VIOLATION OF NEUTRALITY
1. That there is war in which the Philippines is
not involved
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
1. There’s a war in and Philippines is
involved;
2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops
3. That the correspondence is either –
a. prohibited by the government, or
b. carried on in ciphers or
conventional signs
c. containing notice or information
which might be useful to the
enemy
ART. 121. FLIGHT TO ENEMY’S COUNTRY
1. There’s a war and Philippines is involved
2. Offender owes allegiance to the
government
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority
Section Three – Piracy & Mutiny on The High
Seas
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
PIRACY – MODES TO COMMIT
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
ELEMENTS of PIRACY
1. A vessel is on the high seas or Philippine
waters;
2. Offenders – not members of its complement
nor passengers of the vessel; and
3. That the offenders
a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas)
b. seize whole or part of vessel’s cargo,
equipment or personal belongings
of its complement or passengers.
ART. 123. QUALIFIED PIRACY
QUALIFYING CIRCUMSTANCES:
1. Seizure of the vessel by boarding or firing
upon the same
2. Abandonment of victims without means of
saving themselves
3. Piracy was accompanied by murder,
homicide, physical injuries, or rape.
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