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Crim 2 Notes

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  Chapter One CRIMES AGAINST NATIONAL SECURITY Section One.  - Treason and espionage   Article 114.   Treason.  - Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos.   No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court. Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31,   1945). Elements of treason:  1. Offender is either  –  a) Filipino Citizen b) Alien residing in the Philippines 2. War (Philippines involved) 3. Offender either  –  a) Levies War against the Government, or b) Adheres to the enemies, giving them aid or comfort Treason Defined  –   Breach of allegiance to a government, committed by a person who owes allegiance to it  Nature of the crime  –   Violation by a subject of his allegiance to the supreme authority of the State The offender is either a Filipino Citizen or Resident Alien Originally only a Filipino citizen may commit treason but the RPC was amended to also punish Resident Aliens How to prove that the offender is a Filipino Citizen 1. Filipino Citizen  –  Proved by prison record, with data supplied by the accused himself 2. Testimonies of witnesses who know him to be a Filipino Allegiance Defined 1st Element of treason  –  Offender owes allegiance to the government Obligation of fidelity and obedience  which individuals owe their sovereign government for the protection they receive  Allegiance is either PERMANENT or TEMPORARY - Permanent: What a citizen owes his home country   - Temporary: What an alien owes to the country where he resides  Treason CANNOT be committed in time of peace 2 nd  Element of treason  –  There is WAR in which the Philippines is involeved Treason is a war crime; No traitors until war has started Two modes of committing treason 1 Levying war against the government 2 By adhering to the enemies of the Philippines, giving them aid or comfort  Levying War 1. That there be an actual assembling of men and; 2. For the purpose of executing a treasonable design by force Not an actual assembling of men (Cases): 1. Mere acceptance of commission from the secretary of war of the Katipunan Society, nothing else having been done 2. Actual enlistment of men without an actual assembling of them for the purpose of effecting by force a treasonable design Existence of State of War - Actual Hostilities (With foreign countries) - Formal declaration not necessary War must be directed against the government - Must be with the intent to overthrow the government   - It matters not how vain and futile the attempt was (they do not need to possess the power to succeed)   - Must be in collaboration with a foreign enemy otherwise not liable for treason  Requirements of the second way of committing treason 1) Adherence 2) Giving aid or comfort *Both must concur Adherence (to the enemy) Defined - Intent to betray - Citizen intellectually and emotionally favors the enemy and harbors sympathies and convictions disloyal to his country Aid or Comfort Defined - Act which tends to strengthen the enemy in the conduct of war, and weakens the power of the traitor’s country  to resist or attack the enemy - Aid or comfort to the enemies (subjects of a foreign power) must be after a declaration of war Adherence ALONE without giving the enemy aid or comfort does not constitute treason - Emotional or intellectual sympathy   without giving aid or comfort is not treason When there is NO ADHERENCE to the enemy, giving aid or comfort to the enemy DOES NOT amount to treason - A person making a sale to the enemy without any evidence of an intent to betray is not guilty of treason (Some articles are not exclusively for war purposes) Evidence of both adherence and aid or comfort   Giving information   Commandeering foodstuff Extent of aid or comfort - Must be given by some kind of action, physical deed or activity such as: furnishing the enemy with arms, troops, supplies, means of transportation, etc.   - Enemy occupations is bound to create relations of all sorts so for aid and comfort to constitute treason, it will depend on their nature, degree, and purpose   o  To render assistance as enemies not individuals and directly furthers enemies’ hostile deisgns (Lending money for personal necessities vs. Lending money to buy arms and ammunition for waging war against the giver’s country)  The act committed need not actually strengthen the enemy - Not essential that the effort to aid be successful provided it would advance the interest of the enemy if successful (Degree of success vs. Aim)  Commandeering of women to satisfy the lust of the enemy not treason  - Not calculated to strengthen the enemy   - Whatever favorable effect was trivial, imperceptible, and unintentional  Specific acts of aid or comfort constituting treason 1. Being an informer to arrest and suppress an underground guerilla movement 2. Serving as an agent or spy 3. Acting as a finger woman pointing out men accused as guerillas 4. Taking active part in mass killing of civilians 5. Being a Makapili (placing yourself at the enemy’s call to fight side by side) Acceptance of public office and discharge of official duties under the enemy do not constitute per se treason - Without admitting that such acts were of aid and comfort to the enemy, there is no satisfactory proof of adherence to the cause of the enemy When there is Adherence to the enemy - When the position is not only highly responsible but also policy-determining, and the acts and conduct of such position helped in the propagation of the creed of the invader, acceptance of the office and discharge of its functions constitute treason Mere governmental work during the Japanese regime is not an act of treason - Mere governmental work and pilotage service does not constitute per se indictable disloyalty such as being a member of the Bureau of Constabulary - Membership in the police force during occupation is not treason; but active participation with the enemies in the apprehension of guerrillas and infliction of ill-treatment is Guerrilla warfare may be unlawful but it should not be suppressed - Unlawful from the standpoint of the conqueror but cannot be regarded by those who, by natural right, are trying to drive out the invaders When arrest of persons alleged to be guerrillas was caused by accused due to their committing a common crime, he is not liable for treason - No treasonous significance NO TREASON THROUGH NEGLIGENCE - Must be INTENTIONAL

Poli

Sep 22, 2019
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