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Revised Notes on Criminal Law 2.1

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   1 RR EEVVIISSEEDD  OO RRTTEEGGAA  LL EECCTTUURREE  NN OOTTEESS OONN  CC RRIIMMIINNAALL  LL AAWW   TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security 1. Treason (Art. 114); 2. Conspiracy and proposal to commit treason (Art. 115); 3. Misprision of treason (Art. 116); and 4. Espionage (Art. 117). Crimes against the law of nations 1. Inciting to war or giving motives for reprisals (Art. 118); 2. Violation of neutrality (Art. 119); 3. Corresponding with hostile country (Art. 120); 4. Flight to enemy's country (Art. 121); and 5. Piracy in general and mutiny on the high seas (Art. 122). The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. However, prosecution can  proceed only if the offender is within Philippine territory or brought to the Philippines  pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be given extra-territorial application under Article 2 (5) thereof. In the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general.  Almost all of these are crimes committed in times of war, except the following, which can be committed in times of peace: (1) Espionage, under Article 114  –  This is also covered by Commonwealth Act No. 616 which punishes conspiracy to commit espionage. This may be committed both in times of war and in times of peace. (2) Inciting to War or Giving Motives for Reprisals, under Article 118  –  This can be committed even if the Philippines is not a participant. Exposing the Filipinos or their properties because the offender performed an unauthorized act, like those who recruit Filipinos to participate in the gulf war. If they involve themselves to   2 the war, this crime is committed. Relevant in the cases of Flor Contemplacion or  Abner Afuang, the police officer who stepped on a Singaporean flag. (3) Violation of Neutrality, under Article 119  –  The Philippines is not a party to a war but there is a war going on. This may be committed in the light of the Middle East war. Article 114. Treason Elements 1. Offender is a Filipino 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 the enemies, giving them aid or comfort within the Philippines or elsewhere Requirements of levying war    1. Actual assembling of men; 2. To execute a treasonable design by force; 3. Intent is to deliver the country in whole or in part to the enemy; and 4. Collaboration with foreign enemy or some foreign sovereign Two ways of proving treason 1. Testimony of at least two witnesses to the same overt act; or    2. Confession of accused in open court. Article 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 persons come to an agreement to  –  a. levy war against the government; or   3 b. adhere to the enemies, giving them aid or comfort; 3. They decide to commit it. 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. Article 116. Misprision of Treason Elements 1. Offender owes allegiance to the government, and 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 in which he resides, or the mayor or fiscal of the city in which he resides. While in treason, even aliens can commit said crime because of the amendment to the article, no such amendment was made in misprision of treason. Misprision of treason is a crime that may be committed only by citizens of the Philippines. The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. What is required is to report it as soon as possible. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. Because if the treason already erupted into an overt act, the implication is that the government is already aware of it. There is no need to report the same. This is a felony by omission although committed with dolo, not with culpa. The persons mentioned in Article 116 are not limited to mayor, fiscal or governor. Any  person in authority having equivalent jurisdiction, like a provincial commander, will already negate criminal liability. Whether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are required to report the same. The reason is that although blood is thicker than water so to speak, when it comes to security of the state, blood   4 relationship is always subservient to national security. Article 20 does not apply here because the persons found liable for this crime are not considered accessories; they are treated as principals. In the 1994 bar examination, a problem was given with respect to misprision of treason. The text of the provision simply refers to a conspiracy to overthrow the government. The examiner failed to note that this crime can only be committed in times of war. The conspiracy adverted to must be treasonous in character. In the problem given, it was rebellion. A conspiracy to overthrow the government is a crime of rebellion because there is no war. Under the Revised Penal Code, there is no crime of misprision of rebellion. Article 117. Espionage  Acts punished 1. By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photograph or other data of a confidential nature relative to the defense of the Philippines; Elements 1. Offender enters any of the places mentioned; 2. He has no authority therefore; 3. 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 paragraph 1 of Article 117, which he had in his possession by reason of the public office he holds. Elements 1. Offender is a public officer; 2. 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; 3. He discloses their contents to a representative of a foreign nation. Commonwealth Act No. 616  –  An Act to Punish Espionage and Other Offenses against National Security  Acts punished 1. Unlawfully obtaining or permitting to be obtained information affecting national defense;
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